South Dakota Petition to Show Cause

State:
South Dakota
Control #:
SD-SKU-0427
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Description

Petition to Show Cause

A South Dakota Petition to Show Cause is a legal document filed in state court in South Dakota to request that a judge hold a hearing to determine if a party has failed to comply with a court order or failed to take certain steps in a case. It can be used to request that the court order a party to do something or to prevent a party from doing something. There are two types of South Dakota Petition to Show Cause: Contempt Petition and Enforcement Petition. A Contempt Petition is used to enforce a court order when a party has disobeyed or failed to comply with the order, while an Enforcement Petition is used to enforce a court order when a party has not taken certain steps that are required by the order.

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FAQ

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.

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.

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.

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.

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.

South Dakota child custody laws don't prescribe a certain age when a child's preference may be considered.

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.

An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.

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South Dakota Petition to Show Cause