Add Formulas and Calculations Legal South Dakota Minors Forms For Free

When a parent has primary physical custody (called "sole physical custody" in some states), the children live with that parent (the custodial parent), while the noncustodial parent has visitation time. If either parent asks, a judge must consider granting joint physical custody in South Dakota.

Anecdotally, if one goes way back in the history of the law of South Dakota, there was a presumption that Mothers would receive custody of children of tender years, and a further presumption that Fathers would be given custody of older children. None of that is true any longer.

The court may enter a decree terminating parental rights if the court finds, by clear and convincing evidence, that the parents have abandoned the child for at least six months and during this period the parents have not manifested to the child or to the physical custodian or caretaker of the child a firm intention to ...

Proof of abandonment or desertion of a child by a parent, or the omission by a parent to furnish necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for his child is prima facie evidence that the abandonment, desertion, or omission is intentional and without lawful ...

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, doesn't the mother usually get custody of the child? No. Mothers and fathers are equally entitled to seek and be awarded custody of their child. South Dakota law does not favor or discriminate against parents based on gender.

But unlike some states, South Dakota law doesn't presume that joint physical custody is what's best for kids. (S.D. Codified Laws §§ 25-4A-21, 25-4A-26 (2024).) When parents have joint physical custody, the children spend a substantial (but not necessarily equal) amount of time living with each parent.

Ages eight to 10 years old should not be left alone for more than one and a half hours, and only during daylight and early evening hours. Children 11 to 12 years old may be left alone for up to three hours, and ages 13 to 15 may be left unsupervised – but not suggested for overnight.

The term “mother state” refers to the outdated maternal preference doctrine, which historically led courts to favor mothers over fathers in child custody cases.