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In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.
In some South Dakota custody cases, judges have considered the well-reasoned preferences of children as young as 10. Children under 10 are generally considered too immature to form a parental preference.
In South Dakota, the Circuit Court is the only entity with authority to modify a child support obligation. This is usually done in response to a petition filed by one of the parents. Either parent or a representative may file a petition to modify their child support order.
South Dakota law encourages joint custody between parents, considers the preference of children old enough to make their own decision, and its statutes don't favor the mother or the father (as used to be the case).
There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.
At what age can a child decide? In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old.
South Dakota law encourages joint custody between parents, considers the preference of children old enough to make their own decision, and its statutes don't favor the mother or the father (as used to be the case).
In South Dakota, the court does consider the child's reasonable wishes when determining which parent wins custody. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference.
Children under 10 are generally considered too immature to form a parental preference. While a judge may consider the preference of a mature, older child, even then, the child's preference isn't binding on the outcome of your case.