This guide provides an overview of relinquishing and terminating parental rights. Topics discussed include reasons for termination or relinquishment of parental rights, due process issues, evidentiary matters, and more.
South Dakota USLegal Guide to Giving Up and Signing Over Parental Rights
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25-5A-3. Parent entitled to petition for termination. A petition for the voluntary termination of parental rights may be filed by a parent. Source: SL 1971, ch 165, § 4; SL 1973, ch 163, § 7.
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.
In the State of South Dakota, the law does not discriminate or favor one parent over the other based on gender.
The State of South Dakota bases all child custody decisions on one main factor: the best interests of the child. The child's health, well-being, and welfare are considered paramount when determining child custody.
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.
The nonresidential parent pays child support to the residential parent in South Dakota. In the case of a 50/50 split in parenting time, the higher earner pays child support to the lower earner.
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.