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South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered. Judges have broad discretion when deciding how much weight to give the child's preference. In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10.
Shared custody means when both parents are awarded with the rights (a) to make decisions for their children and (b) be present in their child's life. Parents have to compromise willingly and work together to find out the best for their children.
South Dakota law encourages joint custody between parents, considers the preference of children old enough to make their own decision, and its statutes don't favor the mother or the father (as used to be the case).
With this being said, judges in South Dakota most often award sole custody to the parent with whom the child lives with the majority of the time. The parent not awarded custody is then referred to as the noncustodial parent and has a visitation order to see the child on a regular basis.
In South Dakota, how is the process different for unmarried parents? When parents are unmarried, the mother is considered to be the sole custodian of the child, until the matter is brought before the court and paternity is established (SDCL § 25-5-10).
In any custody dispute between parents, a court may order joint legal custody. This arrangement allows both parents to maintain full parental rights and responsibilities. It also requires that both parents confer on, and participate in, major decisions affecting their child.
South Dakota law encourages joint custody between parents, considers the preference of children old enough to make their own decision, and its statutes don't favor the mother or the father (as used to be the case).
In South Dakota, parents have the legal duty to support their child until the child attains the age of 18, or until the child attains the age of 19 if the child is a full-time student in a secondary school (such as high school).
Yes. In South Dakota, the court may grant grandparents reasonable rights of visitation with their grandchild, with or without petition by the grandparents, if the visitation is in the best interests of the grandchild and: If the visitation will not significantly interfere with the parent-child relationship; or.
South Dakota law encourages joint custody between parents, considers the preference of children old enough to make their own decision, and its statutes don't favor the mother or the father (as used to be the case).