25-5-26. Petition for emancipation--Procedure.
A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following:
(1)That he is at least sixteen years of age;
(2)That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian;
(3)That he is managing his own financial affairs;
(4)That the source of his income is not derived from any activity declared to be a crime by the laws of the State of South Dakota or the laws of the United States.
Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents, guardian, or other person entitled to the custody of the minor, or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. If a minor is a ward or dependent child of the state, notice shall be given to the appropriate state agency.
The court shall sustain the petition if it finds that the minor is a person that fulfills the requirements of this section and that emancipation would not be contrary to his best interest.
If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of court.
If the petition is denied, the minor may appeal to the Supreme Court.
If the petition is sustained, the parents or guardian may appeal to the Supreme Court if they have appeared in the proceeding and opposed the granting of the petition.
A declaration is conclusive evidence that the minor is emancipated.
Source: SL 1991, ch 211, §3; SL 1993, ch 213, §114.
Structure South Dakota Codified Laws
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 25-5-7.2 - Residential parent to make routine decisions concerning child.
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 25-5-10 - 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 25-5-16 - 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 25-5-24 - 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 25-5-30 - Circumstances suggesting serious detriment to child.
Section 25-5-31 - No right created on behalf of stepparent.
Section 25-5-34 - Applicability of §§ 25-5-29 to 25-5-34.
Section 25-5-35 - Breastfeeding permitted in certain locations.