Title 25 — DOMESTIC RELATIONS

The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal, mental, and moral welfare. Source: …

Notwithstanding any initial entitlement to custody pursuant to § 25-5-10 , there is no legal presumption that such custody is in the best interest of the child, nor is a change of circumstances required for a change of the initial custody as determined by §

The wages of a minor employed in service may be paid to the minor or to the minor's conservator. Source: SDC 1939, § 14.0319; SL 1983, ch 206 ; SL 1993, ch 213 , § 113.

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment. Source: SDC 1939, § 14.0319.

A parent entitled to the custody of a child has the right to change the child's residence, subject to the power of the circuit court to restrain a removal that would prejudice the rights or welfare of the child. A parent desiring to relocate a minor child shall follow the provisi…

Except as provided by § 25-5-15 , neither parent nor child is answerable as such, for the act of the other. Source: SDC 1939, § 14.0309.

Any person, firm, association, private or public corporation, including the State of South Dakota and its political subdivisions, suffering damages to real, personal, or mixed property, or personal injury, through any malicious and willful act of a minor child under the age of ei…

The abuse of parental authority is the subject of judicial cognizance in a civil action in the circuit court, brought by the child or by its relatives within the third degree, or by the officers of the poor where the child resides; and when the abuse is established, the child may…

The parents of any child are under a legal duty to support their child in accordance with the provisions of § 25-7-6.1 , until the child attains the age of eighteen, or until the child attains the age of nineteen if the child is a full - time student in a secondary school. If it …

The parents of a minor mother or minor father may be required to contribute to the support of their grandchild according to their financial means until they are no longer legally responsible to support the minor mother or minor father in accordance with §

Emancipation is express when it is by agreement of both parents if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the circuit court of the county in which the child resides for approval. The court shall iss…

25-5-22

The legal duty of an emancipated child to his parent is the same as that of a child who has reached his majority. Source: SDC 1939, § 14.0308 (4). 25-5-22. Repealed by SL 1991, ch 211 , § 11

25-5-23.1 Foster parents' liability for acts of foster child--Motor vehicle cases excepted--No costs to be assessed if child adjudicated delinquent or in need of supervision. 25-5-24 Emancipated minor defined. 25-5-25 Age of majority for certain purposes--Parent or guardian liabi…

Foster parents shall be liable for personal injuries sustained by foster children only to the extent natural parents are liable to their children. Source: SL 1980, ch 189 .

No foster parent is liable for the acts of his or her foster child. However, this section does not apply to any action based on agency or negligent entrustment of a motor vehicle. No costs or fees may be charged or assessed against a foster parent as a result of a foster child in…

Any person under the age of eighteen years who: (1) Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or (2) Is on active duty with any of the armed forces of the United States of America; or (3) Has received a declaration of emancipat…

An emancipated minor shall be considered as being over the age of majority for the following purposes: (1) For the purpose of consenting to medical, chiropractic, optometric, dental, or psychiatric care, without parental consent, knowledge or liability; (2) For the purpose of his…

A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following: (1) That he is at least sixteen years of age; (2) That he willingly lives separate…

A minor declared emancipated under § 25-5-26 or 25-5-19 or his conservator may petition the circuit court of the county in which he resides to rescind the declaration. Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents or…

A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the …

Except for proceedings under chapter 26-7A , 26-8A , 26-8B , or 26-8C , the court may allow any person other than the parent of a child to intervene or petition a court of competent jurisdiction for custody or visitation of any child with whom he or she has served as a primary ca…

The husband and wife are presumed to be the parents of any child born to the wife during the marriage or within ten months after the dissolution of the marriage. Source: SDC 1939, § 14.0301; SL 1991, ch 210 , § 3; SL 1994, ch 194 . 25-5-4, 25-5-5. Repealed by SL 1991, ch 210 , §§…

Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances: (1) The likelihood of serious physical or emotional harm to the child if placed in the parent's custody; (2) The extended, unjustifiable absence of parental…

Nothing in § 25-5-29 creates any right on behalf of a stepparent to seek custody or visitation with a stepchild who has lived with that stepparent merely because the stepparent was married to or living with the child's parent. Source: SL 2002, ch 126 , § 3.

If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent's parental rights over the child. A judgment awarding to a person other than a parent custodial rights may award the parent visitation right…

If a court awards a person other than a parent custodial rights to a child, the court may set child support in whatever amount it deems appropriate, and notwithstanding the provisions of any other statute to the contrary, may waive the parent's duty to provide monetary or other s…

25-5-1, 25-5-2. Repealed by SL 1991, ch 210 , §§ 1, 2

A mother may breastfeed her child in any location, public or private, where the mother and child are otherwise authorized to be present as long as the mother is in compliance with all other state and municipal laws. However, no municipality may outright ban breast feeding in publ…

The parent, as such, has no control over the property of the child. Source: SDC 1939, § 14.0318.

Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and…

In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on, and participate in, major decisions affecting the welfare of …

During the time a child, over whom the court has ordered joint legal custody to both parents, resides with either parent, that parent shall decide all routine matters concerning the child. Source: SL 1989, ch 217 , § 2.

Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, orthodontia, optometric and similar health care, and school records shall be made equally available to both parents. Counseling, psychiatric, psychotherapy, and other re…

If either parent enrolls the child in any social, beneficent, religious, or peer group activity, service, benefit, or program for which written application is required, the enrolling parent shall provide the name and address of the other parent on, or supplementary to, the applic…

The provisions of §§ 25-5-7.3 and 25-5-7.4 do not apply in any case in which a court has: (1) Terminated the rights of either parent; or (2) Restrained either parent, by court order, from contact with the child. Moreover, a court of competent jurisdiction may determine that the a…

Each parent sharing joint legal custody of their child shall foster the other parent's relationship with the child. Source: SL 2011, ch 131 , § 2.

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.

When husband and wife live separate and apart from each other without being divorced, the circuit court or judge thereof, upon application of either, may grant a writ of habeas corpus to inquire into the custody of any minor unmarried child of the marriage, and may award the cust…