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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.
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).
Typically, a stepparent doesn't have any legal 'custody' rights to stepchildren. This can have a very profound impact on the workings of a blended family. Step parents are very likely to develop close relationships with children who may of course also be in close contact with both their biological parents.
The state of South Dakota does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.
In South Dakota, doesn't the mother usually get custody of the child? In the State of South Dakota, the law does not discriminate or favor one parent over the other based on gender. Mothers and fathers are equally entitled to seek and be awarded custody of their child.
In South Dakota, parents have the legal duty to support their child until the child attains the age of 18, or until the child attains the age of 19 if the child is a full-time student in a secondary school (such as high school).
Unfortunately, step parents do not have any legal rights to their stepchildren, even if you consider them to be your own children. Unless you legally adopted these children as your own, you cannot lay claim to them during your divorce proceedings.
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.
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.