25-5-30. Circumstances suggesting serious detriment to child.
Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances:
(1)The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;
(2)The extended, unjustifiable absence of parental custody;
(3)The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;
(4)The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;
(5)The substantial enhancement of the child's well-being while under the care of a person other than the parent;
(6)The extent of the parent's delay in seeking to reacquire custody of the child;
(7)The demonstrated quality of the parent's commitment to raising the child;
(8)The likely degree of stability and security in the child's future with the parent;
(9)The extent to which the child's right to an education would be impaired while in the custody of the parent; or
(10)Any other extraordinary circumstance that would substantially and adversely impact the welfare of the child.
Source: SL 2002, ch 126, §2.
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.