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The nonresidential parent pays child support to the residential parent in South Dakota. In the case of a 50/50 split in parenting time, the higher earner pays child support to the lower earner.
Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and earnings.
In South Dakota, when custodial parents want to move with their minor children, they must give specific notice to the noncustodial parent. If the other parent objects to the relocation, the court will hold a hearing to determine if the move is in the child's best interests.
The verified motion for Rule to Show Cause is a motion to the court that documents a parent, guardian, or custodian's failure to participate in court-ordered programs or services. The DCS Local Office Attorney can file a motion for Rule to Show Cause. The court will review the motion and supporting affidavit.
An order to show cause issued pursuant to section 27-10-07 may be made in the action or proceeding in or respecting which the offense was committed, either before or after the final judgment or order therein, and is equivalent to a notice of motion.
South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered.
How do I modify child custody in South Dakota? In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.
Parental Responsibility for Willful Acts Under S.D. Codified Laws section 25-5-15, parents who have custody of a child will be civilly liable if that child maliciously or willfully causes bodily injury or property damage. The meaning of "willful" is important.