South Dakota Codified Laws
Chapter 04B - Uniform Deployed Parents Custody And Visitation Act
Section 25-4B-309 - Content of temporary custody order.

25-4B-309. Content of temporary custody order.
(a) An order granting custodial responsibility under this Article must:
(1)Designate the order as temporary; and
(2)Identify to the extent feasible the destination, duration, and conditions of the deployment.
(b) If applicable, an order for custodial responsibility under this Article must:
(1)Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;
(2)If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
(3)Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(4)Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;
(5)Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and
(6)Provide that the order will terminate pursuant to Article 4 after the deploying parent returns from deployment.

Source: SL 2014, ch 123, ยง21.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 04B - Uniform Deployed Parents Custody And Visitation Act

Section 25-4B-101 - Short title.

Section 25-4B-102 - Definitions.

Section 25-4B-103 - Remedies for noncompliance.

Section 25-4B-104 - Jurisdiction.

Section 25-4B-105 - Notification required of deploying parent.

Section 25-4B-106 - Duty to notify of change of address.

Section 25-4B-107 - General consideration in custody proceeding of parent's military service.

Section 25-4B-201 - Form of agreement.

Section 25-4B-202 - Nature of authority created by agreement.

Section 25-4B-203 - Modification of agreement.

Section 25-4B-204 - Power of attorney.

Section 25-4B-205 - Filing agreement or power of attorney with court.

Section 25-4B-301 - Close and substantial relationship defined.

Section 25-4B-302 - Proceeding for temporary custody order.

Section 25-4B-303 - Expedited hearing.

Section 25-4B-304 - Testimony by electronic means.

Section 25-4B-305 - Effect of prior judicial order or agreement.

Section 25-4B-306 - Grant of caretaking or decision-making authority to nonparent.

Section 25-4B-307 - Grant of limited contact.

Section 25-4B-308 - Nature of authority created by temporary custody order.

Section 25-4B-309 - Content of temporary custody order.

Section 25-4B-310 - Order for child support.

Section 25-4B-311 - Modifying or terminating grant of custodial responsibility to nonparent.

Section 25-4B-401 - Procedure for terminating temporary grant of custodial responsibility established by agreement.

Section 25-4B-402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order.

Section 25-4B-403 - Visitation before termination of temporary grant of custodial responsibility.

Section 25-4B-404 - Termination by operation of law of temporary grant of custodial responsibility established by court order.

Section 25-4B-501 - Uniformity of application and construction.

Section 25-4B-502 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 25-4B-503 - Savings clause.