This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
South Dakota USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
Instant download
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Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
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.
The State of South Dakota bases all child custody decisions on one main factor: the best interests of the child. The child's health, well-being, and welfare are considered paramount when determining child custody.
Here's how to handle parental favoritism: Try not to take it personally. This is tricky: being rejected hurts, and it does feel personal. ... Don't put the emotional burden on your child. ... Validate their feelings, empathize, and reassure. ... Know when to let it go. ... Schedule one-on-one time with each adult. ... Be patient.
Bad Co-Parenting Hurts Your Custody Case Profanity, insults. Derogatory nicknames. Venting or criticizing. Badmouthing other parent to kids. Interfering with the other parent's parenting time. Inflexibility. Calling/threatening to call police/DHS. Recording or photographing children for evidence.
The ?best interests of the child" are the primary concern. South Dakota law encourages joint custody between parents. Courts determining custody arrangements are also able to modify or vacate their decisions at any time, allowing for continued supervision of a child and their parents.
What To Do When Your Child Wants to Live With Their Other Parent Don't Take It Personally. ... Keep Communication Open. ... Consider Bringing Your Ex Into The Conversation. ... Think About What Happens if You Let Them Go.
