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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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.
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What factors does a South Dakota court look at when determining joint legal custody?
In ordering joint legal custody, a South Dakota court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child. If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include the child's primary physical residence, child care, education, extracurricular activities, medical and dental care, religious instruction, the child's use of motor vehicles, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child. If the court awards joint legal custody, it may also order joint physical custody in such proportions as are in the best interests of the child, notwithstanding the objection of either parent.
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What are the grounds for divorce in South Dakota?
The grounds for divorce in South Dakota are:
(1) Adultery;(2) Extreme cruelty;(3) Willful desertion;(4) Willful neglect;(6) Conviction of felony; or -
What is the average age of a child waiting for adoption in South Dakota?
According to the South Dakota Department of Social Services, the average age of a child waiting to be adopted is 9 years of age.
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What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children is a law in all 50 states (including South Dakota), Washinton, D.C. and the Virgin Islands. It applies to the placement of minor children made from one state to another by public and private agencies, the courts, independent placers (i.e., physicians and attorneys), and individuals.
Excluded from the Compact requirements are close relatives, such as parents, step-parents, grandparents, adult brothers and sisters, adult uncles and aunts, and unrelated legal guardians who both send and receive the child. Also excluded are placements into educational and medical facilities.