South Dakota Agreement By Natural Father to Support Child Born out of Lawful Wedlock

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Multi-State
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US-01473BG
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Word; 
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Description

An illegitimate child is generally defined as a child who was conceived and born out of lawful wedlock. This term is defined by statute in many jurisdictions. The statutory law of most jurisdictions also provides for legal proceedings by which the paternity of an illegitimate child can be determined, and the father can be required to contribute to the support of the child.

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FAQ

The ?best interests of the child" are the primary concern. South Dakota law encourages joint custody between parents. Courts determining custody arrangements are also able to modify or vacate their decisions at any time, allowing for continued supervision of a child and their parents.

The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare.

If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of service to the other legal parent of the ...

In South Dakota, paternity is automatically established if the parents are married to each other when the child is born or within ten months after dissolution of the marriage ? the husband is presumed to be the legal father and his name will be on the child's birth certificate.

However, the father of a child born out of wedlock is still able to obtain custody of the child, as long as the court finds it would be in the child's best interests.

? ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

If an amicable agreement cannot be reached, then a father who was married to the mother or named on the birth certificate will need to make an application to the court to obtain fathers rights over child.

A putative father, or an alleged father, is a man who does not have an established legal relationship with a child but claims to be the child's biological father. A putative father also may be the man a woman alleges to be the father of her child.

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South Dakota Agreement By Natural Father to Support Child Born out of Lawful Wedlock