South Dakota Codified Laws
Chapter 05 - Parent And Child
Section 25-5-7 - Parents equally entitled to custody and earnings of child born in wedlock.

25-5-7. Parents equally entitled to custody and earnings of child born in wedlock.
Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and earnings.

Source: SDC 1939, §14.0303; SL 1991, ch 210, §6; SL 2008, ch 131, §1.

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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.