South Dakota Sample Letter regarding Motion for Additional Time

State:
Multi-State
Control #:
US-0033LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

How to fill out Sample Letter Regarding Motion For Additional Time?

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FAQ

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.

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.

See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

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.

If the court finds merit to your Motion, it may issue an Order to Show Cause demanding that the other party appear before the court to answer your allegations. This proceeding can be used in most non-criminal cases to help enforce a court order.

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

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South Dakota Sample Letter regarding Motion for Additional Time