Get Answers to Your Highest Priority South Dakota Legal Questions
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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What is the South Dakota Child Safety Seat Distribution Program?
The South Dakota Child Safety Seat Distribution Program focuses on keeping children safe by providing child safety seats at no cost to families that meet income eligibility requirements to ensure that they are in the best child seat for their height and weight until they are at least 4'9."
Current South Dakota law states that “any operator of any passenger vehicle transporting a child under 5 years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system,” and that operator of a motor vehicle must make sure that a passenger who is at least 5 and younger than 18 must be wearing a “properly adjusted and fastened safety seat belt system.” If the belts don’t fit properly, the operator must find another “safety belt system” to secure the child
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Does South Dakota have a vehicular homicide law?
Yes. South Dakota does have specific statutes that allow a criminal homicide charge to be brought against an individual who kills another person through the operation of a motor vehicle, either intentionally or negligently. It is common for drunk drivers to be charged with vehicular homicide if they cause a motor vehicle accident which results in another person's death.
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Does South Dakota allow a jury to determine a child's paternity?
No. Under South Dakota law, a person does not have the right to a jury trial in a paternity action.
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My child was injured in a car accident in Sioux Falls - will my child have to bring a lawsuit himself?
No. Although most cases in South Dakota involving children do not result in a lawsuit, if a lawsuit is necessary, the court will appoint a guardian to bring any legal action on the child's behalf. In most cases, the guardian will be the child's parent. Your South Dakota lawyer can explain the process of appointing a guardian so that a legal action may be started.
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What is the "presumption of parentage" in South Dakota?
Under South Dakota law, a 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.
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When can a paternity proceeding be brought in South Dakota?
Under South Dakota law, a proceeding to establish paternity and enforce the obligation of the father may be brought at any time before the eighteenth birthday of the child.
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Can DNA samples from South Dakota's criminal database be used in paternity testing?
Yes. In 2010, the South Dakota Legislature passed a law which permits DNA samples from the South Dakota criminal database to be used for paternity testing in limited situations.
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My daughter is 14 years old. She currently lives with her father in Sioux Falls, but now wants to come live with me in Brookings. Will a South Dakota court consider my daughter's wishes?
Yes. Under some circumstances, a court may consider your daughter's wishes. South Dakota law provides that if a child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining custody.
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What are South Dakota's "standard parenting guidelines" for child custody and visitation?
In South Dakota, the "standard guidelines" for child custody and visitation mean the parenting guidelines established by court rules promulgated by the South Dakota Supreme Court.
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What does joint legal custody mean in South Dakota?
Under South Dakota law, joint legal custody means that both parents retain full parental rights and responsibilities with respect to their child so that both parents must confer on, and participate in, major decisions affecting the welfare of the child.