The Swier Law Firm Family Law FAQs

The Swier Law Firm Family Law FAQs

 

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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  • In South Dakota, what is an "ex parte" Protection Order?

    In South Dakota, an "ex parte" protection order is an order issued by a judge giving you the protection you ask for without giving the Respondent an opportunity to tell his or her side of the story.

  • Are court fees required to file a South Dakota Protection Order?

    No.  Under South Dakota law, there are no filing fees or service fees associated with the obtaining of a protection order

  • Where can I find the South Dakota Protection Order forms?

    You may obtain forms to apply for a Protection Order from the Clerk of Courts in the county where you live or they may be obtained on-line at the South Dakota Unified Judicial System website - www.ujs.sd.gov.

  • Who is a "family or household member" under South Dakota's Protection Order laws?

    Under South Dakota's Protection Order laws, a "family or household member" is defined as a spouse, former spouse, related persons, or people presently or in the past, living in the same household, or persons who have had a child together.
     

  • What is a South Dakota Protection Order?

    The South Dakota Domestic Abuse Act gives you a way to seek protection from another family or household member who has physically abused you or has threatned to physically abuse you.

  • In South Dakota, what is paternity?

    Paternity means fatherhood. While children need the love of their father, they also need his financial support. Even if the father is not married to the mother, he must help support his children until they reach age 18 (19 if the child is a full-time student still in high school). Every father is responsible for supporting his children whether he agreed to the pregnancy or not. The man named as the father is referred to as the alleged father until paternity is established.

     
     

  • In South Dakota, how is paternity established?

    There are four ways to establish paternity in South Dakota:

     

    1.  Both parents can voluntarily sign a paternity affidavit at the hospital when the child is born.

    2.  The father can voluntarily sign legal papers establishing paternity.

    3.  Genetic testing can be used to establish paternity.

    4.  Circuit courts can establish paternity.

  • In South Dakota, can the paternity of my child be established if the father is living in Wyoming?

    Yes.  South Dakota has agreements with other states which may allow you to seek paternity, even if the father is in Wyoming.

  • In South Dakota, what is genetic testing?

    In South Dakota, when a father refuses to acknowledge paternity, genetic testing can be ordered. Genetic testing compares the DNA of the child, mother, and alleged father to determine the probability that the alleged father is the biological father. These tests are extremely accurate and can absolutely determine if the alleged father is NOT the biological father. They can determine with a 99 percent or higher decree of certainty that the alleged father is the child’s biological father.

     

     

     

  • How is child support determined in South Dakota?

    In South Dakota, the Legislature has established guidelines which courts must use to determine that a fair share of income and resources are allocated to the child when that child’s parents are separated, divorced, or unmarried. The combined monthly net incomes of both parents are used in determining the child support obligation and divided proportionately between the parents based upon their net incomes. The noncustodial parent’s share establishes the amount of the child support order.