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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.
A child never has an automatic right to choose which parent to live with; however, a child that is age 12 or older will have the right to state a preference that will be considered as part of the Albright best interest of the child test.
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.
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.
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.
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.
Key Points. Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other.
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.
Children can legally decide who to live with when they are 16 years old. This may be extended to 17 or 18 years old, if there's a Child Arrangements Order in place.
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.