Divorce South Dakota Custody

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The married couples who are seeking divorce need to be familiar with the updated laws and rights of the state where the case is filed. However, these laws and policies may vary from state to state. Every state has its own set of rules and regulations for divorce . If any parent does not observe the custody orders, the court finds this parent in contempt of the court. Furthermore, the court may incarcerate such a parent.

Characteristics of Best Interests of the child in Divorce South Dakota Custody

While determining the child custody in this state, the court considers some factors in prior of finalizing the custody to the concerned parties. Some crucial factors are:

  • Aims at the moral, mental and temporal welfare of the child.
  • Does not try to understand what is in the best interests of the parents
  • Does not focus on the fact that which parent can offer a better life to the child as this parent has more money
  • Does not concentrate on the inadequacies of the parents
  • Some crucial conditions are taken into account such as, the importance of specific parent who helps the child through his or her daily chores like feeding, bathing and cleaning of the child and so on.
  • Does not think that any testimony or proof of alleged immoral behavior of any parent is relevant to the custody plan. However, if this testimony or proof has a direct impact on the best interests of the child, then the court might acknowledge it
  • An example of the previous point is as follows - The father is alcoholic. This is relevant to the child custody orders only if the father abused or neglected the child under the influence of alcohol
  • Any incident regarding domestic violence in the past can also be taken into consideration while making decisions on child custody issue
  • Most importantly, if the child is of the age of twelve years or more, then his or her personal preference is surely taken into account

Contempt Proceeding Regarding the Child Custody

Let us assume that one party has been refused custody or visitation by the custodian, contrary to the orders of the court. This party can request the court in written form to issue orders to 'show cause'. This is generally in the form of a motion. In this way, a contempt proceeding is begun.

The court reads the motion. If the court concludes that there is adequate information, then it issues a 'show cause' order.

At the contempt hearing, one party is ordered to show cause. This party has to convince the court that he/she had a good reason for not observing the court orders. Alternatively, this party needs to plead how it is not in contempt of the court.

In some cases, the court detects that one party has not adhered to the custody and visitation orders, and is in contempt of court. As a punishment, the court can imprison the party or levy a fine. The court might postpone the imprisonment or fine on the condition that the party should begin acting in accordance of the custody order. If this party still does not comply with the order, then the jail duration and fine may be reinstated.

Relocation laws During Settlement of Child Custody

It is essential that the custodial parent who is planning for relocation informs the court or the non-custodial parent for at least forty five days prior to the final relocation. However, due to the presence of some special conditions, the custodial parents do not require to inform. These conditions are:

  • If the non-custodial parent has been directed not to have any contact with the child due to his or her misdeeds
  • If the custodial parents move within the region where child's school is also located
  • If it would be still easier for the non-custodial parent to maintain the visitation schedule even after relocation of the child

Other aspects of Child Custody Orders in South Dakota

  • Usually, the child custody order will award primary custody to one party. The other party is given a visitation plan
  • The Supreme Court of this state adheres to standard child visitation guidelines
  • The non custodial parent needs to disburse monthly support on a fixed date each month

South Dakota child custody laws entail fulfillment of a definite set of legal formalities such as consideration of the child's best interest instead of considering the parent's choice.

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