Yes. Under South Dakota law, a court considers:
- A conviction of domestic abuse as defined in subdivision 25-10-1(1); or
- A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or
- A history of domestic abuse.
A conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor.
