25-4B-401. Procedure for terminating temporary grant of custodial responsibility established by agreement.
(a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.
(b) A temporary agreement under Article 2 granting custodial responsibility terminates:
(1)If an agreement to terminate under subsection (a) specifies a date for termination, on that date; or
(2)If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.
(c) In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting custodial responsibility terminates under Article 2 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.
(d) If a temporary agreement granting custodial responsibility was filed with a court pursuant to §25-4B-205 or a temporary order for child support was entered pursuant to §25-4B-310, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.
Source: SL 2014, ch 123, §24.
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.