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Family courts are not permitted to deny a parent custody or visitation on the basis of their religious beliefs or practices. In addition, courts will not typically prevent a parent from talking to a child about religion or including them in religious practices.
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 custodial parent's right to influence the religious upbringing of her children is considered exclusive. If the custodial parent objects to the non-custodial parent's religious activities, that's the end of it: The court will defer to the custodial parent's wishes.
South Dakota does not have a minimum age at which it takes the child's parental preference into consideration. This is largely determined by the court's assessment of the maturity of the child, and children as young as 8 or 9 have been given input as to which parent they would like to live with.
What Role Does Adultery Play in a South Dakota Divorce? In South Dakota, innocent spouses can request a fault-based divorce if the other spouse committed adultery during the marriage. Other grounds (reasons) for fault-based divorce in South Dakota include: extreme cruelty.