The husband and father, as such, has no rights superior to those of the wife and mother in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other. Source: SDC 1939, § 14.0305.
Father's rights not superior to mother's while separated
SDCL § 25-5-8 — under PARENT AND CHILD.
SDCL § 25-5-8