South Dakota Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights

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Multi-State
Control #:
US-00874BG
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Word; 
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Description

This form is a pleading that may be used when preparing a petition to declare a child free from a parent's custody and control on the grounds of abandonment.

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FAQ

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 ...

Absent parent: If a parent has been absent for 6 months or more, the law allows the other, more responsible parent, to petition to terminate parental rights.

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.

Upon proof of the notice required by § 25-5A-9 and personal service as required by §§ 25-5A-11 and 25-5A-12 to all parents and putative fathers of a child, if, after the court determines that the parents have consented or have waived consent pursuant to § 25-6-4, the court finds that the termination of parental rights ...

Most child abandonment cases happen when a parent or legal guardian acts (or fails to act) in a way that risks harm to the child's mental or physical health. It can include: Leaving a young child unsupervised when there is an unreasonable risk of harm.

Codified Laws § 25-7-15. The parent of any child under the age of ten years and any person to whom any such child has been confided for nurture or education who deserts such child in any place with intent to wholly abandon the child, is guilty of a Class 4 felony.

South Dakota is one of 29 U.S. states that have the adult child payment requirement, commonly known as a ?filial law? that addresses the responsibility of one person or a group of people to pay for the housing, feeding and care of family members, often parents.

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South Dakota Petition to Declare Child Free from Parent's Custody and Control for Abandonment - Release of Parental Rights