Posted by DivorceLine in South Dakota Child Custody Laws
The determination of child custody is based on the best interests of the child in respect to the child’s temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining custody. There is no preference towards either gender in determining custody, and fault is not considered relevant unless it relates to the fitness as a parent, such as domestic abuse or assault, or a conviction, excluding vehicular homicide, of a parent for the death of the other parent.
[Based on South Dakota Domestic Relations Laws - Title 25 - Chapters: 25-4-45, 25-4-45.1, 25-4-45.5, 25-4-45.6]
