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Citation of code. The code enacted into law by § 2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate.
In South Dakota, the standard parenting guidelines will set out the custody arrangement to be followed by the parents. You can object to the standard guidelines and the judge will order a hearing within thirty days.
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 ...
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.
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 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.
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.