25-4B-311. Modifying or terminating grant of custodial responsibility to nonparent.
(a) Except for an order under §25-4B-305, except as otherwise provided in subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this Article and it is in the best interest of the child. A modification is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(b) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Source: SL 2014, ch 123, §23.
Structure South Dakota Codified Laws
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-403 - Visitation before termination of temporary grant of custodial responsibility.
Section 25-4B-501 - Uniformity of application and construction.
Section 25-4B-502 - Relation to Electronic Signatures in Global and National Commerce Act.