25-5-7.1. Joint legal custody order--Factors for court's consideration--Joint physical custody.
In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on, and participate in, major decisions affecting the welfare of the child. In ordering joint legal custody, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child. If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include the child's primary physical residence, child care, education, extracurricular activities, medical and dental care, religious instruction, the child's use of motor vehicles, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child. If the court awards joint legal custody, it may also order joint physical custody in such proportions as are in the best interests of the child, notwithstanding the objection of either parent.
Source: SL 1989, ch 217, §1; SL 2011, ch 131, §1; SL 2012, ch 141, §1.
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.