25-4A-16.1. Request for implementation of standard visitation guidelines--Objection--Hearing--Order.
Subject to the jurisdictional and procedural provisions of chapter 26-5B, any parent subject to a court order of this state or subject to the jurisdiction of a court of this state pursuant to chapter 26-5B relating to visitation, custody, or child support may request the court to enter an order implementing the standard visitation guidelines. If the request is made in a child support proceeding, compliance with chapter 26-5B, including appropriate notice and an opportunity to be heard, if not previously provided, is required. The request shall be in writing and shall include a copy of the existing order establishing custody, visitation, or support and provide a current address of the responding party. Upon filing of the written request, the moving party shall serve a copy of the standard guidelines, together with a copy of the request and provide notice that absent an objection, the guideline visitation shall be imposed. The notice shall provide instructions as to the manner in which objections may be made. The service of such notice shall be deemed complete when an affidavit of the service of such notice and of the particular mode thereof, duly signed and verified by the person or officer making the service, shall have been filed with the court and such record or affidavit shall be presumptive evidence of the completed service of the notice herein required. If a party objects to the imposition of the standard guidelines within ten days of service, the court shall conduct an expedited hearing as soon as practical. Based upon the evidence presented at the hearing, the court may order the parties to abide by the standard visitation guidelines or may order any other relief as it deems appropriate.
Source: SL 2006, ch 140, §1; SL 2008, ch 128, §1; SL 2009, ch 278 (Supreme Court Rule 08-08), eff. Nov. 1, 2008; SL 2012, ch 140, §1.
Structure South Dakota Codified Laws
Chapter 04A - Custody And Visitation Rights
Section 25-4A-1 - Custody or visitation rights enforceable by contempt proceedings.
Section 25-4A-3 - Affirmative inquiry into contempt--Contemnor's rights.
Section 25-4A-4 - Affirmative defense by contemnor.
Section 25-4A-4.1 - Motion for enforcement of visitation rights--Hearing.
Section 25-4A-5 - Sanctions for violation of custody or visitation decree.
Section 25-4A-5.1 - Copy of § 25-4A-5 attached to order for parenting time.
Section 25-4A-6 - Probation for contemnor.
Section 25-4A-7 - Motion to revoke probation of contemnor.
Section 25-4A-9 - Standard guidelines defined.
Section 25-4A-12 - Visitation agreement other than standard guidelines--Requirements.
Section 25-4A-13 - Objections to custody or visitation order--Hearing--Temporary order.
Section 25-4A-14 - Standard guidelines subject to certain court orders.
Section 25-4A-15 - Attorney fees and costs.
Section 25-4A-16 - Parents responsible for child support.
Section 25-4A-17 - Notice required before relocating child--Exceptions.
Section 25-4A-18 - Contents of notice of relocation.
Section 25-4A-21 - Joint physical custody--Consideration upon application--Findings.
Section 25-4A-22 - Rebuttable presumption upon finding of history of domestic abuse or assault.
Section 25-4A-23 - Home study or custody evaluation--Mediation.
Section 25-4A-24 - Factors for consideration on request for joint physical custody.
Section 25-4A-25 - Parental agreement for joint physical custody.
Section 25-4A-26 - No presumption of joint physical custody.
Section 25-4A-27 - Modification of existing orders.
Section 25-4A-28 - Parenting time enforcement form on Unified Judicial System website.
Section 25-4A-29 - Commission on Parenting Time Guidelines--Creation--Duties.
Section 25-4A-30 - Commission on Parenting Time Guidelines--Composition.
Section 25-4A-31 - Commission on Parenting Time Guidelines--Hearings--Scope of review.
Section 25-4A-32 - Court-approved parenting education for child custody and visitation actions.