South Dakota Separate Answer and Defenses to Amended Complaint

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Multi-State
Control #:
US-PI-0189
Format:
Word; 
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This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
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FAQ

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. South Dakota Child Custody Laws - FindLaw findlaw.com ? state ? south-dakota-child-cus... findlaw.com ? state ? south-dakota-child-cus...

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

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. Parenting Plans - SD Law Help sdlawhelp.org ? node ? parenting-plans sdlawhelp.org ? node ? parenting-plans

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. Absentee Parents & The Termination of Parental Rights - RPM Law rpmlawaz.com ? severance ? absentee-paren... rpmlawaz.com ? severance ? absentee-paren...

The subpoena must be served sufficiently in advance of the date upon which the appearance of the witness is required to enable such witness to reach such place by any ordinary or usual method of transportation which he may elect.

After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint.

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. South Dakota Child Custody Laws - DivorceNet divorcenet.com ? resources ? south-dakota-c... divorcenet.com ? resources ? south-dakota-c...

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South Dakota Separate Answer and Defenses to Amended Complaint