The Swier Law Firm Family Law FAQs

In South Dakota, there are several types of adoptions, including:

(1)  adoptions facilitated by social service agencies;

(2)  private adoptions facilitated by adoption attorneys; 

(3)  adoptions facilitated by the South Dakota Department of Social Services;

(4)  interstate adoptions;

(5)  international adoptions;

(6)  adult adoptions; and

(7)  stepparent adoptions.

Under South Dakota law, there are several requirements that must be met before a court can approve an adoption. These requirements include:

(1) a home study report prepared by a licensed child placement agency, the Department of Social Services, or a certified independent social worker;

(2) you must be a resident of South Dakota;

(3) the child must reside with you at least six months prior to the adoption;

(4) you must pass a child abuse registry check;

(5) your criminal history, if any, will be reviewed;

(6) any child support obligations that you may have will be reviewed to determine if there are outstanding amounts due;

(7) you must be at least ten years older than the minor child you wish to adopt;

(8) a child over the age of twelve years must consent to the adoption; and

(9) a married person cannot adopt a child without the consent of their spouse. 

In South Dakota, adoption is the legal creation of a parent-child relationship. The adoption process is designed to provide a permanent home for children who need them. Adoptive parents become the child's legal parents, with all of the rights and responsibilities of parenthood. 

In South Dakota, SDCL 25-10-3.1 limits the individuals who can apply for a Protection Order to the following relationships:

            (1)      Spouse or former spouse;

            (2)      Is in a significant romantic relationship;

            (3)      Has a child or is expecting a child with the abusing party;

            (4)      Parent and child, including a relationship by adoption, guardianship, or marriage; or

            (5)      Siblings, whether of the whole or half blood, including a relationship through adoption or marriage.

In South Dakota, if parents are unable to agree on their own parenting plan, the South Dakota Parenting Guidelines become mandatory and will be used as their parenting plan.  In the event a parent’s time with the children becomes an issue in court, the judge will set whatever parenting plan best meets the needs of the children.

The American Academy of Child & Adolescent Psychiatry has these suggestions for talking about divorce with your children:

• Do not keep it a secret or wait until the last minute.
• Tell your children together with your spouse.
• Keep things simple and straightforward.
• Tell them the divorce is not their fault.
• Admit that this will be sad and upsetting for everyone.
• Reassure your children that you both still love them and will always be their parents.
• Do not discuss each other's faults or problems with the children.

In South Dakota, you may be entitled to up to one-half of your former spouse's Social Security benefits when you retire.  This rule applies when:

• Your marriage lasted more than 10 years; and
• You are at least 62 years old and have not yet remarried.

 

In a South Dakota divorce, one of the most important issues is the proper designation of beneficiaries on your insurance policies. If your former spouse is your insurance beneficiary, it probably makes sense to change this to perhaps your children, parents, or siblings.   

The South Dakota Parenting Guidelines' "Preamble" states:

A powerful cause of stress, suffering, and maladjustment in children of

divorce or separation is not simply the divorce or separation itself, but rather the

continuing conflict between their parents before, during, and after the divorce and/or

separation. To minimize harm to their children, parents should agree on a

parenting arrangement that is most conducive to the children having frequent and

meaningful contact with both parents, with as little conflict as possible. When

parental maturity, personality, and communication skills are adequate, the ideal

arrangement is reasonable time with the noncustodial parent upon reasonable

notice, since that provides the greatest flexibility. The next best arrangement is a

detailed parenting agreement made by the parents to fit their particular needs and,

more importantly, the needs of their children. It is recommended that an annual

calendar be prepared so that the parents and the children are aware of the

parenting schedule. If the parents are unable to agree on their own Parenting Plan,

however, these Guidelines become mandatory and will be used as their Parenting

Plan. SDCL 25-4A-10, 25-4A-11. In the event a parent’s time with the children

becomes an issue in court, the judge will set whatever Parenting Plan best meets

the needs of the children.

The South Dakota Parenting Guidelines can be found on the Unified Judicial System's website.