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 factors does a South Dakota court look at when determining child custody?
When determining custody, South Dakota court are guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. A South Dakota court may, but is not required to, consider the following factors in determining the best interests and welfare of the child:
- parental fitness,
- stability,
- primary caretaker,
- child's preference,
- harmful parental misconduct,
- separating siblings, and
- substantial change of circumstances.
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Under what circumstances will a South Dakota court grant a divorcing spouse alimony?
When a divorce is granted, the court may require one party to make a suitable allowance to the other party for support during the life of that other party or for a shorter period. "General alimony" is intended to assist the recipient in providing for food, clothing, housing, and other necessities. South Dakota courts consider these factors when determining whether alimony is appropriate:
(1) the length of the marriage;
(2) each party's earning capacity;
(3) their financial conditions after the property division;
(4) each party's age, health, and physical condition;
(5) their station in life or social standing; and
(6) the relative fault in the termination of the marriage.