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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.
Under a sole custody arrangement, the custodial parent is vested with decision-making authority for the child, although there is an obligation to provide the access parent with information regarding the health, education and welfare of the child.
Child Custody Orders in South Dakota For joint legal custody, both parents need to work together to make decisions ? for sole legal custody, the parent with custody is required to keep the other parent fully informed and up to date. Physical custody, just like legal custody, can be awarded to one or both parents.
Sole Decision Making. ?Sole decision making? means that only one of the parents makes the major decisions regarding the health, education and general welfare of the child, including religious upbringing. ?Joint decision making ? means that the parents make these major decisions together.
This means that the court orders one parent to have the legal right and responsibility to make major decisions regarding the care or welfare of the child.
How to File for Custody in South Dakota Agree on a Parenting Plan. It is highly recommended that the parents try to reach an agreement on the terms of custody before starting the legal process. ... Calculate Child Support. ... Complete and File Required Forms. ... Serve the Forms. ... Receive Court Order.
What Is Final Decision Making Authority? Final decision making authority is basically the tie breaker. If parents do not agree on something, the parent with final decision making authority can overrule the opinion of the other parent. This does not mean that one parent can make unilateral decisions.
The Court has the right to award sole-decision making responsibility, meaning one-parent makes the decisions for the child, if the court believes it is in the child's best interest to do so.