South Dakota Codified Laws
Chapter 05 - Parent And Child
Section 25-5-10.1 - Best interest of child not presumed--Change of custody.

25-5-10.1. Best interest of child not presumed--Change of custody.
Notwithstanding any initial entitlement to custody pursuant to §25-5-10, there is no legal presumption that such custody is in the best interest of the child, nor is a change of circumstances required for a change of the initial custody as determined by §25-5-10.

Source: SL 2008, ch 131, §2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 05 - Parent And Child

Section 25-5-3 - Presumption of parentage.

Section 25-5-6 - Parental control of child's property.

Section 25-5-7 - Parents equally entitled to custody and earnings of child born in wedlock.

Section 25-5-7.1 - Joint legal custody order--Factors for court's consideration--Joint physical custody.

Section 25-5-7.2 - Residential parent to make routine decisions concerning child.

Section 25-5-7.3 - Parents to have equal access to records pertaining to child--Name and address of both parents to be listed.

Section 25-5-7.4 - Written applications to enroll child in activity or program to provide name and address of other parent.

Section 25-5-7.5 - Access to records and application requirements not applicable to certain parents.

Section 25-5-7.6 - Parent sharing custody to foster other parent's relationship with child.

Section 25-5-8 - Father's rights not superior to mother's while separated.

Section 25-5-9 - Habeas corpus to award child custody when parents separated without divorce--Rules of law governing.

Section 25-5-10 - Custody and earnings of children born out of wedlock.

Section 25-5-10.1 - Best interest of child not presumed--Change of custody.

Section 25-5-11 - Wages of minor payable to minor or conservator.

Section 25-5-12 - Relinquishment of child control and earnings--Abandonment by parent.

Section 25-5-13 - Residence of child--Right to change--Procedure.

Section 25-5-14 - Parent and child not answerable for act of other.

Section 25-5-15 - Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.

Section 25-5-16 - Judicial cognizance of parental abuses--Freeing child from parental dominion.

Section 25-5-18.1 - Parental duty to support child.

Section 25-5-18.2 - Parental duty to support certain grandchildren.

Section 25-5-19 - Emancipation by express agreement--Approval of circuit court.

Section 25-5-21 - Duty of emancipated child to parent.

Section 25-5-23 - Foster parents' liability to foster children.

Section 25-5-23.1 - Foster parents' liability for acts of foster child--Motor vehicle cases excepted--No costs to be assessed if child adjudicated delinquent or in need of supervision.

Section 25-5-24 - Emancipated minor defined.

Section 25-5-25 - Age of majority for certain purposes--Parent or guardian liability.

Section 25-5-26 - Petition for emancipation--Procedure.

Section 25-5-27 - Rescission of declaration of emancipation.

Section 25-5-28 - Declaration obtained by fraud voidable--Proceedings.

Section 25-5-29 - Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal.

Section 25-5-30 - Circumstances suggesting serious detriment to child.

Section 25-5-31 - No right created on behalf of stepparent.

Section 25-5-32 - Parental rights need not be terminated if custody awarded to person other than parent.

Section 25-5-33 - Child support, parent's duty to provide for child when custody awarded to person other than parent.

Section 25-5-34 - Applicability of §§ 25-5-29 to 25-5-34.

Section 25-5-35 - Breastfeeding permitted in certain locations.