25-4A-32. Court-approved parenting education for child custody and visitation actions.
The parties to any action which involves the issues of child custody or parenting time will be required to participate in a court-approved course to educate the parties concerning the impact of the action on the child or children. The course shall be completed within sixty days of the service of the summons and complaint, petition or motion in any action involving child custody or parenting time. Participation in the course may only be waived or delayed by the judge presiding over the action for good cause shown. Good cause includes but is not limited to a default by one of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent within the past five years.
Participation in the course is not required for a protection order proceeding or if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until both parties have complied with this requirement, unless participation in the course is waived or delayed for good cause or is otherwise not required. Each party shall be responsible for arranging their participation in the course and for payment of the costs of participation in the course.
Each party shall submit certification of completion of the course to the court prior to the granting of a final decree or the entry of an order, unless participation in the course is waived or delayed for good cause or is otherwise not required as set forth herein. If participation in the court-approved course is waived or delayed for good cause or is otherwise not required under this section, the judge presiding over the action may order that the parties receive the information in an alternative format.
The State Court Administrator’s Office shall certify approved courses for parties required to participate in a course. Approved courses may include those provided by a public or private entity. At a minimum and as appropriate, an approved course shall include information related to the effects of separation or divorce on children, co-parenting skills and responsibilities, children's needs and coping techniques, the options for conflict resolution for parenting time and custodial disputes and the financial responsibilities of parents.
Source: SL 2022, ch 262 (Supreme Court Rule 22-09), eff. Sep. 1, 2022.
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.