South Dakota Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother

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US-01352BG
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Description

Putative father means a reputed father, as established by: any person adjudicated by a court of a state to be the father of a child born out of wedlock.; any person who has filed with the registry before or after the birth of a child born out of wedlock, a notice of intent to claim paternity of the child; any person adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the person or any other person; and any person who has filed with the registry an instrument acknowledging paternity. The majority of the states in the United States have a putative father registry, usually administered by the state's Department of Vital Records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The South Dakota Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father, and Establishing Child Support Payments to Mother is a legally binding document that sets forth the rights and responsibilities of both parents regarding the child's custody, visitation, and financial support. This agreement is designed to ensure the child's well-being by establishing a clear framework for parenting. It includes the following key provisions: 1. Paternity Establishment: The agreement confirms the legal paternity of the child, which establishes the rights and obligations of both parents. 2. Joint Legal Custody: The parents share decision-making authority regarding the child's education, healthcare, religious upbringing, and other important aspects of their life. They commit to consult and cooperate with each other in making these decisions. 3. Joint Physical Custody: Both parents are granted significant and meaningful time with the child. This arrangement aims to promote healthy parent-child relationships and allows the child to maintain strong bonds with both parents. 4. Visitation Schedule: The agreement outlines a detailed visitation schedule, ensuring that the child spends regular and consistent time with each parent. This schedule may include weekdays, weekends, holidays, school breaks, and other special occasions. 5. Child Support Payments: The agreement establishes the financial responsibilities of the noncustodial parent (typically the father) towards the custodial parent (typically the mother). It includes the amount and frequency of child support payments, taking into account factors such as income, expenses, and the child's needs. It's important to note that while this description covers the general aspects of the South Dakota Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father, and Establishing Child Support Payments to Mother, specific variations or modifications of this agreement may exist. For example, there may be specific agreements tailored to different circumstances, such as joint physical custody with primary residence at one parent's home or agreements that address additional parenting issues unique to the parties involved. It is advisable to consult with a family law attorney or mediator to ensure all necessary provisions are included when drafting such an agreement.

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FAQ

If there are child support arrears owed, there may be other enforcement actions taken such as restriction of driver, professional, hunting and/or fishing license(s); credit bureau reporting; IRS tax offset; referral to court for nonpayment; and passport denial.

In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.

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.

If a noncustodial parent owes past due child support, DCS may withhold or intercept periodic or lump sum payments the noncustodial parent receives from state or local agencies, including unemployment insurance, workers' compensation and lottery winnings.

The statute of limitations on enforcement of past due child support in South Dakota is 20 years from the date the support is due.

South Dakota Child support workers do have some discretion to negotiate a lump sum settlement of 75% of state-owed arrears. If the parents agree to a lump sum settlement for arrears owed to the family, DCS has a forgiveness of arrears form, which the parties can sign. The form is submitted to the court for approval.

South Dakota and federal laws allow establishment of paternity any time before the child reaches the age of 18. It is in the interests of all parties to establish paternity as soon as possible following the birth of the child.

More info

If the parents are able to agree to a schedule other than the guidelines, these Guidelines should be used as a minimum direction in creating the parenting ... The parties agree that they shall share joint legal custody of the minor child(ren) with. (insert name of parent) having primary physical custody subject to the ...In ordering joint legal custody, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over ... 25-7-6.18 Order allocating child care expenses. 25-7-6.19 Credit for child support arrearages for parent with primary physical custody during period of custody. The father of the minor child(ren) is recognized as the father by a signed acknowledgement of paternity, a court order, or an adoption order. • Neither parent ... This Judgment form is part of the Determining Parenting Rights and Responsibilities – With. An Agreement On All Issues forms packet. This form and the forms ... SDCL 25-5-10 establishes that the mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's ... Aug 3, 2022 — Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and ... The new requirements were intended to remove parents' legal incentive to abduct children in search of a friendly forum that would make an initial custody order ... Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without ...

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South Dakota Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother