Title 25 — DOMESTIC RELATIONS

This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act. Source: SL 2014, ch 123 , § 1.

Terms used in this chapter mean: (1) "Adult," an individual who has attained eighteen years of age or an emancipated minor; (2) "Caretaking authority," the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to …

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may ass…

(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 26-5B . (b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying paren…

(a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving an official order to deploy unless reasonably prevented from doing so b…

(a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to Articles 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of t…

In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. However, if upon return from the deployment either the servicemem…

(a) The parents of a child may enter into a temporary agreement under this Article granting custodial responsibility during deployment. (b) An agreement under subsection (a) must be: (1) In writing; and (2) Signed by both parents and any nonparent to whom custodial responsibility…

(a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under §

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this Article. (b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by …

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently i…

An agreement or power of attorney under this Article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number a…

In this Article, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent. Source: SL 2014, ch 123 , § 13.

(a) After a deploying parent receives an official order to deploy and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court …

If a motion to grant custodial responsibility is filed under subsection 25-4B-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing. Source: SL 2014, ch 123 , § 15.

In a proceeding under this Article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance. Source: SL 2014, ch 123 , § 16.

In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of…

(a) On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a…

On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child o…

(a) A grant of authority under this Article is temporary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to ca…

(a) An order granting custodial responsibility under this Article must: (1) Designate the order as temporary; and (2) Identify to the extent feasible the destination, duration, and conditions of the deployment. (b) If applicable, an order for custodial responsibility under this A…

If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed pursuant to Article 2, the court may enter a temporary order for child support consistent with law of this state other than this chapte…

(a) Except for an order under § 25-4B-305 , except as otherwise provided in subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, de…

(a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (b) A temporary agreement under Article 2 granting custodial r…

At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Article 3. After an agreement has been filed, the court shall issu…

After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Articles 2 or 3 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is…

(a) If an agreement between the parties to terminate a temporary order for custodial responsibility under Article 3 has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent and any nonparent granted custodial responsibility t…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2014, ch 123 , § 28.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of t…

This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2014. Source: SL 2014, ch 123 , § 30.

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…