3 Things You Need To Know About South Dakota's Parental Relocation Law

1.  What Is South Dakota's Parental Relocation Law?


Under South Dakota's Parental Relocation Law, if an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence must provide reasonable written notice to the other legal parent of the child.


2.  What Is "Reasonable Notice"?


Reasonable notice is notice that is given at least forty-five days before relocation or a shorter period if reasonable under the specific facts giving rise to the relocation. Proof of the notice shall be filed with the court of record unless notice is waived by the court.


3.  When Does Notice Not Need To Be Provided?


No notice needs to be provided if:

             (1)      The relocation results in the child moving closer to the noncustodial parent; or

             (2)      The relocation is within the boundaries of the child's current school district; or

             (3)      There is an existing valid protection order in favor of the child or the custodial parent against the noncustodial parent; or

             (4)      Within the preceding twelve months, the nonrelocating parent has been convicted of violation of a protection order, criminal assault, child abuse, or other domestic violence and either the child or the custodial parent was the victim of the crime or violation.

Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones