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Chapter 01 - Validity And Performance Of Marriages
Section 25-1-1 - Marriage defined--Consent and solemnization required. - 25-1-1. Marriage defined--Consent and solemnization required. Marriage is a personal...
Section 25-1-2 - Present consent to marriage required. - 25-1-2. Present consent to marriage required. The consent to a...
Section 25-1-5 - Manifestation and proof of consent and consummation of marriage. - 25-1-5. Manifestation and proof of consent and consummation of marriage....
Section 25-1-6 - Incestuous marriages void. - 25-1-6. Incestuous marriages void. Marriages between parents and children, ancestors...
Section 25-1-7 - Marriage with stepchild void. - 25-1-7. Marriage with stepchild void. Every marriage of a stepfather...
Section 25-1-8 - Bigamous marriage void--Former spouse absent or believed dead. - 25-1-8. Bigamous marriage void--Former spouse absent or believed dead. A...
Section 25-1-9 - Age of consent to marriage with and without parental consent. - 25-1-9. Age of consent to marriage with and without parental...
Section 25-1-10 - License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee. - 25-1-10. License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee. Previous to...
Section 25-1-10.1 - Application for marriage license--Proof of age and identification required--Name changes. - 25-1-10.1. Application for marriage license--Proof of age and identification required--Name...
Section 25-1-10.2 - Application for marriage license--Required statement. - 25-1-10.2. Application for marriage license--Required statement. The application for a...
Section 25-1-11 - Issuance of license to unqualified persons prohibited. - 25-1-11. Issuance of license to unqualified persons prohibited. Such license...
Section 25-1-13 - Consent of parent or guardian required for marriage of minor--Memorandum in record book. - 25-1-13. Consent of parent or guardian required for marriage of...
Section 25-1-15 - Unlawful issuance of license as misdemeanor. - 25-1-15. Unlawful issuance of license as misdemeanor. Any register of...
Section 25-1-24 - Time allowed after license for solemnization of marriage. - 25-1-24. Time allowed after license for solemnization of marriage. Any...
Section 25-1-28.1 - Distribution of HIV educational material before license issued. - 25-1-28.1. Distribution of HIV educational material before license issued. At...
Section 25-1-29 - Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated. - 25-1-29. Solemnization and recording of marriages required--Common-law marriages prior to...
Section 25-1-30 - Persons authorized to solemnize marriages. - 25-1-30. Persons authorized to solemnize marriages. Marriage may be solemnized...
Section 25-1-31 - Solemnization of marriage without license as misdemeanor. - 25-1-31. Solemnization of marriage without license as misdemeanor. If any...
Section 25-1-32 - Identity and ages of parties to be established before solemnization of marriage. - 25-1-32. Identity and ages of parties to be established before...
Section 25-1-33 - Solemnization of marriage between unauthorized persons as misdemeanor. - 25-1-33. Solemnization of marriage between unauthorized persons as misdemeanor. A...
Section 25-1-35 - Certificate delivered to parties--Return to register of deeds. - 25-1-35. Certificate delivered to parties--Return to register of deeds. After...
Section 25-1-36 - Return of marriage performed without person authorized to perform--Failure as petty offense. - 25-1-36. Return of marriage performed without person authorized to perform--Failure...
Section 25-1-37 - Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department. - 25-1-37. Record maintained by Department of Health--Entry as evidence of...
Section 25-1-38 - Validity of marriages contracted outside state--Same-sex marriages excluded. - 25-1-38. Validity of marriages contracted outside state--Same-sex marriages excluded. Any...
Section 25-1-39 - Marriage voidable if party physically incapable or consent obtained by fraud or force. - 25-1-39. Marriage voidable if party physically incapable or consent obtained...
Section 25-1-40 - Marital rights not restored by pardon from life sentence. - 25-1-40. Marital rights not restored by pardon from life sentence....
Chapter 02 - Rights And Obligations Of Marriage
Section 25-2-1 - Respect, fidelity, and support. - 25-2-1. Respect, fidelity, and support. Husband and wife contract toward...
Section 25-2-3 - Joint tenancies and tenancies in common. - 25-2-3. Joint tenancies and tenancies in common. A husband and...
Section 25-2-4 - Rights in separate property. - 25-2-4. Rights in separate property. Neither husband nor wife has...
Section 25-2-5 - Recording inventory of spouse's separate property--Prima facie evidence. - 25-2-5. Recording inventory of spouse's separate property--Prima facie evidence. A...
Section 25-2-6 - Separate property not liable for debts of spouse. - 25-2-6. Separate property not liable for debts of spouse. The...
Section 25-2-7 - Property rights and powers of spouse. - 25-2-7. Property rights and powers of spouse. Each spouse shall...
Section 25-2-8 - Conveyance of spouse's separate property. - 25-2-8. Conveyance of spouse's separate property. A person may without...
Section 25-2-10 - Property transactions of husband or wife--Transactions between spouses. - 25-2-10. Property transactions of husband or wife--Transactions between spouses. Either...
Section 25-2-11 - Joint and several liability for necessaries. - 25-2-11. Joint and several liability for necessaries. Every husband and...
Section 25-2-12 - Right to spouse's earnings--Earnings of minor children. - 25-2-12. Right to spouse's earnings--Earnings of minor children. The earnings...
Section 25-2-13 - Alteration of legal relations by husband and wife--Separation and support agreements. - 25-2-13. Alteration of legal relations by husband and wife--Separation and...
Section 25-2-14 - Responsibility for acts of spouse. - 25-2-14. Responsibility for acts of spouse. Neither husband nor wife...
Section 25-2-15 - Spouse's power to sue. - 25-2-15. Spouse's power to sue. For any injury to his...
Section 25-2-16 - Definitions. - 25-2-16. Definitions. Terms as used in §§25-2-16 to 25-2-25, inclusive,...
Section 25-2-17 - Formalities. - 25-2-17. Formalities. A premarital agreement shall be in writing and...
Section 25-2-18 - Content. - 25-2-18. Content. (a) Parties to a premarital agreement may contract...
Section 25-2-19 - Effect of marriage. - 25-2-19. Effect of marriage. A premarital agreement becomes effective upon...
Section 25-2-20 - Amendment--Revocation. - 25-2-20. Amendment--Revocation. After marriage, a premarital agreement may be amended...
Section 25-2-21 - Enforcement. - 25-2-21. Enforcement. (a) A premarital agreement is not enforceable if...
Section 25-2-22 - Enforcement--Void marriage. - 25-2-22. Enforcement--Void marriage. If a marriage is determined to be...
Section 25-2-23 - Limitation of actions. - 25-2-23. Limitation of actions. Any statute of limitations applicable to...
Section 25-2-24 - Application and construction. - 25-2-24. Application and construction. Sections 25-2-16 to 25-2-25, inclusive, shall...
Section 25-2-25 - Short title. - 25-2-25. Short title. Sections 25-2-16 to 25-2-25, inclusive, may be...
Chapter 03 - Annulment Of Marriage
Section 25-3-1 - Former marriage as ground--Party bringing action--Time of action. - 25-3-1. Former marriage as ground--Party bringing action--Time of action. A...
Section 25-3-2 - Unsound mind as ground--Party bringing action--Time of action. - 25-3-2. Unsound mind as ground--Party bringing action--Time of action. A...
Section 25-3-3 - Legitimacy of children after annulment for former marriage or mental illness. - 25-3-3. Legitimacy of children after annulment for former marriage or...
Section 25-3-4 - Annulment of underage marriage--Party bringing action--Time of action. - 25-3-4. Annulment of underage marriage--Party bringing action--Time of action. A...
Section 25-3-5 - Forced consent as ground--Party bringing action--Time of action. - 25-3-5. Forced consent as ground--Party bringing action--Time of action. A...
Section 25-3-6 - Fraud as ground--Party bringing action--Time of action. - 25-3-6. Fraud as ground--Party bringing action--Time of action. A marriage...
Section 25-3-8 - Physical incapacity as ground for annulment--Party bringing action--Time of action. - 25-3-8. Physical incapacity as ground for annulment--Party bringing action--Time of...
Section 25-3-9 - Parties bound by annulment. - 25-3-9. Parties bound by annulment. A judgment of nullity of...
Section 25-3-10 - Provision for maintenance--Vacation or modification. - 25-3-10. Provision for maintenance--Vacation or modification. When an annulment is...
Section 25-3-11 - Provisions for child custody and support--Vacation or modification. - 25-3-11. Provisions for child custody and support--Vacation or modification. In...
Section 25-3-12 - Report to Department of Health on annulments. - 25-3-12. Report to Department of Health on annulments. The clerk...
Chapter 04 - Divorce And Separate Maintenance
Section 25-4-1 - Marriage dissolved only by death or divorce--Status of parties after divorce. - 25-4-1. Marriage dissolved only by death or divorce--Status of parties...
Section 25-4-2 - Grounds for divorce. - 25-4-2. Grounds for divorce. Divorces may be granted for any...
Section 25-4-3 - Adultery defined. - 25-4-3. Adultery defined. Adultery is the voluntary sexual intercourse of...
Section 25-4-4 - Extreme cruelty defined. - 25-4-4. Extreme cruelty defined. Extreme cruelty is the infliction of...
Section 25-4-5 - Willful desertion defined--Special conditions applicable. - 25-4-5. Willful desertion defined--Special conditions applicable. Willful desertion is the...
Section 25-4-8 - Refusal of intercourse as desertion--Refusal to live together. - 25-4-8. Refusal of intercourse as desertion--Refusal to live together. Persistent...
Section 25-4-9 - Desertion by departure during absence of spouse induced by fraud. - 25-4-9. Desertion by departure during absence of spouse induced by...
Section 25-4-10 - Desertion by cruelty or threats causing departure of spouse. - 25-4-10. Desertion by cruelty or threats causing departure of spouse....
Section 25-4-11 - Separation by consent not desertion. - 25-4-11. Separation by consent not desertion. Separation by consent with...
Section 25-4-12 - Intent to desert formed during proper absence. - 25-4-12. Intent to desert formed during proper absence. Absence or...
Section 25-4-13 - Desertion by refusal of reconciliation after separation. - 25-4-13. Desertion by refusal of reconciliation after separation. Consent to...
Section 25-4-14 - Offer to return curing desertion--Refusal of offer as desertion. - 25-4-14. Offer to return curing desertion--Refusal of offer as desertion....
Section 25-4-15 - Willful neglect defined. - 25-4-15. Willful neglect defined. Willful neglect is the neglect of...
Section 25-4-16 - Habitual intemperance defined. - 25-4-16. Habitual intemperance defined. Habitual intemperance is that degree of...
Section 25-4-17 - Continuous period of desertion, neglect, or intemperance required. - 25-4-17. Continuous period of desertion, neglect, or intemperance required. Willful...
Section 25-4-17.1 - Irreconcilable differences defined. - 25-4-17.1. Irreconcilable differences defined. Irreconcilable differences are those grounds which...
Section 25-4-17.2 - Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties. - 25-4-17.2. Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties. If...
Section 25-4-17.3 - Use of affidavits to establish jurisdiction and grounds for divorce. - 25-4-17.3. Use of affidavits to establish jurisdiction and grounds for...
Section 25-4-17.4 - Validation of divorce granted without personal appearance. - 25-4-17.4. Validation of divorce granted without personal appearance. Any divorce...
Section 25-4-18 - Chronic mental illness as discretionary ground. - 25-4-18. Chronic mental illness as discretionary ground. In case of...
Section 25-4-19 - Grounds for denial of divorce. - 25-4-19. Grounds for denial of divorce. Divorces must be denied...
Section 25-4-20 - Connivance defined. - 25-4-20. Connivance defined. Connivance is the corrupt consent of one...
Section 25-4-21 - Collusion defined. - 25-4-21. Collusion defined. Collusion is an agreement between husband and...
Section 25-4-22 - Condonation defined--Required elements. - 25-4-22. Condonation defined--Required elements. Condonation is the conditional forgiveness of...
Section 25-4-23 - Condonation not implied by endurance of continuing conduct constituting ground for divorce. - 25-4-23. Condonation not implied by endurance of continuing conduct constituting...
Section 25-4-24 - Fraudulent concealment of ground of divorce avoiding condonation. - 25-4-24. Fraudulent concealment of ground of divorce avoiding condonation. A...
Section 25-4-25 - Conjugal kindness as condition subsequent to condonation. - 25-4-25. Conjugal kindness as condition subsequent to condonation. Condonation implies...
Section 25-4-26 - Revocation of condonation and revival of ground for divorce. - 25-4-26. Revocation of condonation and revival of ground for divorce....
Section 25-4-30 - Residence requirements for divorce or separate maintenance. - 25-4-30. Residence requirements for divorce or separate maintenance. The plaintiff...
Section 25-4-30.1 - Venue of action--Change by defendant. - 25-4-30.1. Venue of action--Change by defendant. An action for divorce...
Section 25-4-33 - No presumption as to same domicile of parties--Separate domiciles after separation. - 25-4-33. No presumption as to same domicile of parties--Separate domiciles...
Section 25-4-33.1 - Automatic temporary restraining order upon service. - 25-4-33.1. Automatic temporary restraining order upon service. Upon the filing...
Section 25-4-34 - Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period. - 25-4-34. Waiting period before trial of divorce and separate maintenance...
Section 25-4-34.1 - Validation of prior decrees granted on sixtieth day--Deadline for contesting validity. - 25-4-34.1. Validation of prior decrees granted on sixtieth day--Deadline for...
Section 25-4-35 - Validity of proceedings on service by publication under prior law. - 25-4-35. Validity of proceedings on service by publication under prior...
Section 25-4-38 - Alimony pending action. - 25-4-38. Alimony pending action. While an action for divorce is...
Section 25-4-39 - Separate maintenance granted on denial of divorce. - 25-4-39. Separate maintenance granted on denial of divorce. Though judgment...
Section 25-4-40 - Action for separate maintenance without divorce--Alimony and support. - 25-4-40. Action for separate maintenance without divorce--Alimony and support. An...
Section 25-4-41 - Allowance for support when divorce granted. - 25-4-41. Allowance for support when divorce granted. Where a divorce...
Section 25-4-42 - Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient. - 25-4-42. Security for payments required of spouse--Receivership--Allowance withheld when recipient's...
Section 25-4-44 - Division of property between parties. - 25-4-44. Division of property between parties. When a divorce is...
Section 25-4-45 - Child custody provisions--Modification--Preference of child. - 25-4-45. Child custody provisions--Modification--Preference of child. In an action for...
Section 25-4-45.1 - Fault not considered in awarding property or child custody--Exceptions. - 25-4-45.1. Fault not considered in awarding property or child custody--Exceptions....
Section 25-4-45.2 - Intervention by attorney general or state's attorney when support assigned to state. - 25-4-45.2. Intervention by attorney general or state's attorney when support...
Section 25-4-45.3 - Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings. - 25-4-45.3. Adoption of fee schedule for home studies or investigations...
Section 25-4-45.4 - Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs. - 25-4-45.4. Counsel appointed for child in certain divorce or custody...
Section 25-4-45.5 - Consideration of domestic abuse and assault conviction in custody award. - 25-4-45.5. Consideration of domestic abuse and assault conviction in custody...
Section 25-4-45.6 - Consideration of conviction for death of other parent in custody award. - 25-4-45.6. Consideration of conviction for death of other parent in...
Section 25-4-45.7 - Protective orders and arrest reports considered in determining existence of history of domestic abuse. - 25-4-45.7. Protective orders and arrest reports considered in determining existence...
Section 25-4-45.8 - Consideration of reporting abuse falsely or without good cause in custody award. - 25-4-45.8. Consideration of reporting abuse falsely or without good cause...
Section 25-4-46 - Alimony, support, property, and child custody provisions subject to review on appeal. - 25-4-46. Alimony, support, property, and child custody provisions subject to...
Section 25-4-47 - Restoration of former name to wife--Validation of prior decrees. - 25-4-47. Restoration of former name to wife--Validation of prior decrees....
Section 25-4-51 - Report of divorces to department of health. - 25-4-51. Report of divorces to department of health. The clerk...
Section 25-4-52 - Visitation rights for grandparents--Enforcement by circuit court. - 25-4-52. Visitation rights for grandparents--Enforcement by circuit court. The circuit...
Section 25-4-54 - Visitation rights of grandparents--Child placed for adoption. - 25-4-54. Visitation rights of grandparents--Child placed for adoption. The provisions...
Section 25-4-55 - Exclusion of child from custody proceedings. - 25-4-55. Exclusion of child from custody proceedings. In proceedings under...
Section 25-4-56 - Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs. - 25-4-56. Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs. In any...
Section 25-4-57 - Court appointment of mediator. - 25-4-57. Court appointment of mediator. For any mediation ordered pursuant...
Section 25-4-58 - Adoption of court rules establishing minimum qualifications of mediator. - 25-4-58. Adoption of court rules establishing minimum qualifications of mediator....
Section 25-4-58.1 - Minimum qualifications for family court mediators. - 25-4-58.1. Minimum qualifications for family court mediators. To be eligible...
Section 25-4-58.2 - Conduct of Family Court Mediators. - 25-4-58.2. Conduct of Family Court Mediators. Mediators are expected to...
Section 25-4-59 - Privacy of mediation proceedings. - 25-4-59. Privacy of mediation proceedings. The mediator shall conduct the...
Section 25-4-60 - Confidentiality of mediation communications and mediator's work product. - 25-4-60. Confidentiality of mediation communications and mediator's work product. Any...
Section 25-4-61 - Written mediated agreement--Signing--Court approval. - 25-4-61. Written mediated agreement--Signing--Court approval. The mediator shall reduce to...
Section 25-4-62 - Recommendation by mediator to court upon parties' failure to agree. - 25-4-62. Recommendation by mediator to court upon parties' failure to...
Section 25-4-63 - Custody and visitation disputes--Appointment of parenting coordinator. - 25-4-63. Custody and visitation disputes--Appointment of parenting coordinator. In any...
Section 25-4-64 - Parenting coordinator appointment at party request or on court's own motion. - 25-4-64. Parenting coordinator appointment at party request or on court's...
Section 25-4-65 - Qualifications of parenting coordinator. - 25-4-65. Qualifications of parenting coordinator. A parenting coordinator must satisfy...
Section 25-4-66 - Appointment upon consent of parties. - 25-4-66. Appointment upon consent of parties. Persons not meeting the...
Section 25-4-67 - Parenting coordinator application form. - 25-4-67. Parenting coordinator application form. The prescribed form for a...
Section 25-4-68 - Term of parenting coordinator--Resignation--Discharge. - 25-4-68. Term of parenting coordinator--Resignation--Discharge. The term of the parenting...
Section 25-4-69 - Parenting coordinator fees and costs. - 25-4-69. Parenting coordinator fees and costs. A parenting coordinator shall...
Section 25-4-70 - Duties of parenting coordinator. - 25-4-70. Duties of parenting coordinator. The court order appointing the...
Section 25-4-71 - Attorney and parenting coordinator fees related to motion. - 25-4-71. Attorney and parenting coordinator fees related to motion. The...
Section 25-4-72 - Authority of court. - 25-4-72. Authority of court. The appointment of a parenting coordinator...
Section 25-4-73 - Standards of conduct for parenting coordinators. - 25-4-73. Standards of conduct for parenting coordinators. Parenting coordinators are...
Section 25-4-74 - Communications with parenting coordinator not confidential. - 25-4-74. Communications with parenting coordinator not confidential. Parenting coordination is...
Section 25-4-82 - Time for filing motion for intentional concealment of assets. - 25-4-82. Time for filing motion for intentional concealment of assets....
Section 25-4-83 - Nonexclusive remedies. - 25-4-83. Nonexclusive remedies. The provisions of §§25-4-75 to 25-4-82, inclusive,...
Chapter 04A - Custody And Visitation Rights
Section 25-4A-1 - Custody or visitation rights enforceable by contempt proceedings. - 25-4A-1. Custody or visitation rights enforceable by contempt proceedings. After...
Section 25-4A-2 - Written request for order to show cause for violation of visitation or custody decree--Hearing date. - 25-4A-2. Written request for order to show cause for violation...
Section 25-4A-3 - Affirmative inquiry into contempt--Contemnor's rights. - 25-4A-3. Affirmative inquiry into contempt--Contemnor's rights. At the hearing, the...
Section 25-4A-4 - Affirmative defense by contemnor. - 25-4A-4. Affirmative defense by contemnor. An alleged contemnor may plead...
Section 25-4A-4.1 - Motion for enforcement of visitation rights--Hearing. - 25-4A-4.1. Motion for enforcement of visitation rights--Hearing. If a noncustodial...
Section 25-4A-5 - Sanctions for violation of custody or visitation decree. - 25-4A-5. Sanctions for violation of custody or visitation decree. If...
Section 25-4A-5.1 - Copy of § 25-4A-5 attached to order for parenting time. - 25-4A-5.1. Copy of §25-4A-5 attached to order for parenting time....
Section 25-4A-6 - Probation for contemnor. - 25-4A-6. Probation for contemnor. The contemnor may be placed on...
Section 25-4A-7 - Motion to revoke probation of contemnor. - 25-4A-7. Motion to revoke probation of contemnor. Any violation of...
Section 25-4A-8 - Application of section 23A-38-2 to proceedings for custody or visitation decree violations. - 25-4A-8. Application of section 23A-38-2 to proceedings for custody or...
Section 25-4A-9 - Standard guidelines defined. - 25-4A-9. Standard guidelines defined. For the purposes of §§25-4A-9 to...
Section 25-4A-10 - Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules. - 25-4A-10. Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules. The...
Section 25-4A-11 - Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors. - 25-4A-11. Plaintiff in custody action to file and serve guidelines--Guidelines...
Section 25-4A-12 - Visitation agreement other than standard guidelines--Requirements. - 25-4A-12. Visitation agreement other than standard guidelines--Requirements. Any agreement by...
Section 25-4A-13 - Objections to custody or visitation order--Hearing--Temporary order. - 25-4A-13. Objections to custody or visitation order--Hearing--Temporary order. If either...
Section 25-4A-14 - Standard guidelines subject to certain court orders. - 25-4A-14. Standard guidelines subject to certain court orders. The standard...
Section 25-4A-15 - Attorney fees and costs. - 25-4A-15. Attorney fees and costs. The court may order either...
Section 25-4A-16 - Parents responsible for child support. - 25-4A-16. Parents responsible for child support. The parents are responsible...
Section 25-4A-16.1 - Request for implementation of standard visitation guidelines--Objection--Hearing--Order. - 25-4A-16.1. Request for implementation of standard visitation guidelines--Objection--Hearing--Order. Subject to...
Section 25-4A-17 - Notice required before relocating child--Exceptions. - 25-4A-17. Notice required before relocating child--Exceptions. If an existing custody...
Section 25-4A-18 - Contents of notice of relocation. - 25-4A-18. Contents of notice of relocation. The notice required in...
Section 25-4A-19 - Request for hearing on relocation--Presumption of consent--Best interests of child. - 25-4A-19. Request for hearing on relocation--Presumption of consent--Best interests of...
Section 25-4A-20 - Presumption that granting custody or visitation rights to person causing conception by rape or incest not in best interest of child. - 25-4A-20. Presumption that granting custody or visitation rights to person...
Section 25-4A-21 - Joint physical custody--Consideration upon application--Findings. - 25-4A-21. Joint physical custody--Consideration upon application--Findings. In any custody dispute...
Section 25-4A-22 - Rebuttable presumption upon finding of history of domestic abuse or assault. - 25-4A-22. Rebuttable presumption upon finding of history of domestic abuse...
Section 25-4A-23 - Home study or custody evaluation--Mediation. - 25-4A-23. Home study or custody evaluation--Mediation. Prior to ruling on...
Section 25-4A-24 - Factors for consideration on request for joint physical custody. - 25-4A-24. Factors for consideration on request for joint physical custody....
Section 25-4A-25 - Parental agreement for joint physical custody. - 25-4A-25. Parental agreement for joint physical custody. If both parents...
Section 25-4A-26 - No presumption of joint physical custody. - 25-4A-26. No presumption of joint physical custody. Nothing in §§25-4A-21...
Section 25-4A-27 - Modification of existing orders. - 25-4A-27. Modification of existing orders. The enactment of §§25-4A-21 to...
Section 25-4A-28 - Parenting time enforcement form on Unified Judicial System website. - 25-4A-28. Parenting time enforcement form on Unified Judicial System website....
Section 25-4A-29 - Commission on Parenting Time Guidelines--Creation--Duties. - 25-4A-29. Commission on Parenting Time Guidelines--Creation--Duties. The Supreme Court shall,...
Section 25-4A-30 - Commission on Parenting Time Guidelines--Composition. - 25-4A-30. Commission on Parenting Time Guidelines--Composition. The commission shall be...
Section 25-4A-31 - Commission on Parenting Time Guidelines--Hearings--Scope of review. - 25-4A-31. Commission on Parenting Time Guidelines--Hearings--Scope of review. The Commission...
Section 25-4A-32 - Court-approved parenting education for child custody and visitation actions. - 25-4A-32. Court-approved parenting education for child custody and visitation actions....
Section 25-4A-A - APPENDIX TO CHAPTER 25-4A - APPENDIX A. APPENDIX TO CHAPTER 25-4A South Dakota Parenting Guidelines...
Chapter 04B - Uniform Deployed Parents Custody And Visitation Act
Section 25-4B-101 - Short title. - 25-4B-101. Short title. This chapter may be cited as the...
Section 25-4B-102 - Definitions. - 25-4B-102. Definitions. Terms used in this chapter mean: (1)"Adult," an...
Section 25-4B-103 - Remedies for noncompliance. - 25-4B-103. Remedies for noncompliance. In addition to other remedies under...
Section 25-4B-104 - Jurisdiction. - 25-4B-104. Jurisdiction. (a) A court may issue an order regarding...
Section 25-4B-105 - Notification required of deploying parent. - 25-4B-105. Notification required of deploying parent. (a) Except as otherwise...
Section 25-4B-106 - Duty to notify of change of address. - 25-4B-106. Duty to notify of change of address. (a) Except...
Section 25-4B-107 - General consideration in custody proceeding of parent's military service. - 25-4B-107. General consideration in custody proceeding of parent's military service....
Section 25-4B-201 - Form of agreement. - 25-4B-201. Form of agreement. (a) The parents of a child...
Section 25-4B-202 - Nature of authority created by agreement. - 25-4B-202. Nature of authority created by agreement. (a) An agreement...
Section 25-4B-203 - Modification of agreement. - 25-4B-203. Modification of agreement. (a) By mutual consent, the parents...
Section 25-4B-204 - Power of attorney. - 25-4B-204. Power of attorney. A deploying parent, by power of...
Section 25-4B-205 - Filing agreement or power of attorney with court. - 25-4B-205. Filing agreement or power of attorney with court. An...
Section 25-4B-301 - Close and substantial relationship defined. - 25-4B-301. Close and substantial relationship defined. In this Article, "close...
Section 25-4B-302 - Proceeding for temporary custody order. - 25-4B-302.Proceeding for temporary custody order. (a) After a deploying parent...
Section 25-4B-303 - Expedited hearing. - 25-4B-303. Expedited hearing. If a motion to grant custodial responsibility...
Section 25-4B-304 - Testimony by electronic means. - 25-4B-304. Testimony by electronic means. In a proceeding under this...
Section 25-4B-305 - Effect of prior judicial order or agreement. - 25-4B-305. Effect of prior judicial order or agreement. In a...
Section 25-4B-306 - Grant of caretaking or decision-making authority to nonparent. - 25-4B-306. Grant of caretaking or decision-making authority to nonparent. (a)...
Section 25-4B-307 - Grant of limited contact. - 25-4B-307. Grant of limited contact. On motion of a deploying...
Section 25-4B-308 - Nature of authority created by temporary custody order. - 25-4B-308. Nature of authority created by temporary custody order. (a)...
Section 25-4B-309 - Content of temporary custody order. - 25-4B-309. Content of temporary custody order. (a) An order granting...
Section 25-4B-310 - Order for child support. - 25-4B-310. Order for child support. If a court has issued...
Section 25-4B-311 - Modifying or terminating grant of custodial responsibility to nonparent. - 25-4B-311. Modifying or terminating grant of custodial responsibility to nonparent....
Section 25-4B-401 - Procedure for terminating temporary grant of custodial responsibility established by agreement. - 25-4B-401. Procedure for terminating temporary grant of custodial responsibility established...
Section 25-4B-402 - Consent procedure for terminating temporary grant of custodial responsibility established by court order. - 25-4B-402. Consent procedure for terminating temporary grant of custodial responsibility...
Section 25-4B-403 - Visitation before termination of temporary grant of custodial responsibility. - 25-4B-403. Visitation before termination of temporary grant of custodial responsibility....
Section 25-4B-404 - Termination by operation of law of temporary grant of custodial responsibility established by court order. - 25-4B-404. Termination by operation of law of temporary grant of...
Section 25-4B-501 - Uniformity of application and construction. - 25-4B-501. Uniformity of application and construction. In applying and construing...
Section 25-4B-502 - Relation to Electronic Signatures in Global and National Commerce Act. - 25-4B-502.Relation to Electronic Signatures in Global and National Commerce Act....
Section 25-4B-503 - Savings clause. - 25-4B-503. Savings clause. This chapter does not affect the validity...
Chapter 05 - Parent And Child
Section 25-5-3 - Presumption of parentage. - 25-5-3. Presumption of parentage. The husband and wife are presumed...
Section 25-5-6 - Parental control of child's property. - 25-5-6. Parental control of child's property. The parent, as such,...
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...
Section 25-5-7.1 - Joint legal custody order--Factors for court's consideration--Joint physical custody. - 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. - 25-5-7.2. Residential parent to make routine decisions concerning child. During...
Section 25-5-7.3 - Parents to have equal access to records pertaining to child--Name and address of both parents to be listed. - 25-5-7.3. Parents to have equal access to records pertaining to...
Section 25-5-7.4 - Written applications to enroll child in activity or program to provide name and address of other parent. - 25-5-7.4. Written applications to enroll child in activity or program...
Section 25-5-7.5 - Access to records and application requirements not applicable to certain parents. - 25-5-7.5. Access to records and application requirements not applicable to...
Section 25-5-7.6 - Parent sharing custody to foster other parent's relationship with child. - 25-5-7.6. Parent sharing custody to foster other parent's relationship with...
Section 25-5-8 - Father's rights not superior to mother's while separated. - 25-5-8. Father's rights not superior to mother's while separated. The...
Section 25-5-9 - Habeas corpus to award child custody when parents separated without divorce--Rules of law governing. - 25-5-9. Habeas corpus to award child custody when parents separated...
Section 25-5-10 - Custody and earnings of children born out of wedlock. - 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. - 25-5-10.1. Best interest of child not presumed--Change of custody. Notwithstanding...
Section 25-5-11 - Wages of minor payable to minor or conservator. - 25-5-11. Wages of minor payable to minor or conservator. The...
Section 25-5-12 - Relinquishment of child control and earnings--Abandonment by parent. - 25-5-12. Relinquishment of child control and earnings--Abandonment by parent. The...
Section 25-5-13 - Residence of child--Right to change--Procedure. - 25-5-13. Residence of child--Right to change--Procedure. A parent entitled to...
Section 25-5-14 - Parent and child not answerable for act of other. - 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. - 25-5-15. Parental liability for willful acts of child--Limitation of recovery--Motor...
Section 25-5-16 - Judicial cognizance of parental abuses--Freeing child from parental dominion. - 25-5-16. Judicial cognizance of parental abuses--Freeing child from parental dominion....
Section 25-5-18.1 - Parental duty to support child. - 25-5-18.1. Parental duty to support child. The parents of any...
Section 25-5-18.2 - Parental duty to support certain grandchildren. - 25-5-18.2. Parental duty to support certain grandchildren. The parents of...
Section 25-5-19 - Emancipation by express agreement--Approval of circuit court. - 25-5-19. Emancipation by express agreement--Approval of circuit court. Emancipation is...
Section 25-5-21 - Duty of emancipated child to parent. - 25-5-21. Duty of emancipated child to parent. The legal duty...
Section 25-5-23 - Foster parents' liability to foster children. - 25-5-23. Foster parents' liability to foster children. Foster parents shall...
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. - 25-5-23.1. Foster parents' liability for acts of foster child--Motor vehicle...
Section 25-5-24 - Emancipated minor defined. - 25-5-24. Emancipated minor defined. Any person under the age of...
Section 25-5-25 - Age of majority for certain purposes--Parent or guardian liability. - 25-5-25. Age of majority for certain purposes--Parent or guardian liability....
Section 25-5-26 - Petition for emancipation--Procedure. - 25-5-26. Petition for emancipation--Procedure. A minor may petition the circuit...
Section 25-5-27 - Rescission of declaration of emancipation. - 25-5-27. Rescission of declaration of emancipation. A minor declared emancipated...
Section 25-5-28 - Declaration obtained by fraud voidable--Proceedings. - 25-5-28. Declaration obtained by fraud voidable--Proceedings. A declaration of emancipation...
Section 25-5-29 - Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal. - 25-5-29. Person other than parent permitted to seek custody of...
Section 25-5-30 - Circumstances suggesting serious detriment to child. - 25-5-30. Circumstances suggesting serious detriment to child. Serious detriment to...
Section 25-5-31 - No right created on behalf of stepparent. - 25-5-31. No right created on behalf of stepparent. Nothing in...
Section 25-5-32 - Parental rights need not be terminated if custody awarded to person other than parent. - 25-5-32. Parental rights need not be terminated if custody awarded...
Section 25-5-33 - Child support, parent's duty to provide for child when custody awarded to person other than parent. - 25-5-33. Child support, parent's duty to provide for child when...
Section 25-5-34 - Applicability of §§ 25-5-29 to 25-5-34. - 25-5-34. Applicability of §§25-5-29 to 25-5-34. It is the express...
Section 25-5-35 - Breastfeeding permitted in certain locations. - 25-5-35. Breastfeeding permitted in certain locations. A mother may breastfeed...
Chapter 05A - Voluntary Termination Of Parental Relations
Section 25-5A-1 - Definition of terms. - 25-5A-1. Definition of terms. Terms in this chapter mean: (1)"Authorized...
Section 25-5A-2 - Purposes of termination procedure. - 25-5A-2. Purposes of termination procedure. The procedure for the voluntary...
Section 25-5A-3 - Parent entitled to petition for termination. - 25-5A-3. Parent entitled to petition for termination. A petition for...
Section 25-5A-4 - Waiting period for filing petition. - 25-5A-4. Waiting period for filing petition. No petition may be...
Section 25-5A-5 - Circuit court jurisdiction--Venue. - 25-5A-5. Circuit court jurisdiction--Venue. The circuit court shall have jurisdiction...
Section 25-5A-6 - Verified petition--Contents. - 25-5A-6. Verified petition--Contents. The petition for the voluntary termination of...
Section 25-5A-7 - Consent not invalidated by minority. - 25-5A-7. Consent not invalidated by minority. If the individual in...
Section 25-5A-7.2 - Medical and social history form required prior to termination--Filing--Copy available to adoptive parent--Failure to comply does not void termination. - 25-5A-7.2. Medical and social history form required prior to termination--Filing--Copy...
Section 25-5A-7.3 - Rules and regulations adopted by department for securing medical and social history. - 25-5A-7.3. Rules and regulations adopted by department for securing medical...
Section 25-5A-7.4 - Violation of medical and social history provisions as misdemeanor involving moral turpitude. - 25-5A-7.4. Violation of medical and social history provisions as misdemeanor...
Section 25-5A-8 - Hearing procedure. - 25-5A-8. Hearing procedure. The hearing procedure under this chapter shall...
Section 25-5A-9 - Time and place of hearing--Notice. - 25-5A-9. Time and place of hearing--Notice. If a petition for...
Section 25-5A-11 - Service of notice in person or by publication--Time of service. - 25-5A-11. Service of notice in person or by publication--Time of...
Section 25-5A-12 - Service by publication and mail. - 25-5A-12. Service by publication and mail. If the court finds...
Section 25-5A-13 - Private hearings--Opening to public. - 25-5A-13. Private hearings--Opening to public. All hearings shall be held...
Section 25-5A-14 - Personal presence of parent required--Appearance by telephone--Power of attorney--Indian Child Welfare Act. - 25-5A-14. Personal presence of parent required--Appearance by telephone--Power of attorney--Indian...
Section 25-5A-15 - Hearings informal--Best interest of child. - 25-5A-15. Hearings informal--Best interest of child. Hearings shall be informal...
Section 25-5A-16 - Determination that petitioners know consequences. - 25-5A-16. Determination that petitioners know consequences. At the time of...
Section 25-5A-17 - Record of proceedings. - 25-5A-17. Record of proceedings. The court shall make a verbatim...
Section 25-5A-18 - Order terminating parental rights--Consent to adoption--Child support arrearages. - 25-5A-18. Order terminating parental rights--Consent to adoption--Child support arrearages. Upon...
Section 25-5A-19 - Order conclusive--Appeal to supreme court. - 25-5A-19. Order conclusive--Appeal to supreme court. Any order entered under...
Section 25-5A-20 - Records confidential. - 25-5A-20. Records confidential. The files and records of the court...
Section 25-5A-21 - Remedy cumulative. - 25-5A-21. Remedy cumulative. This chapter shall not be treated or...
Section 25-5A-22 - Counseling before termination of parental rights. - 25-5A-22. Counseling before termination of parental rights. Any birthparent who...
Section 25-5A-23 - Scope of counseling. - 25-5A-23. Scope of counseling. Any person providing counseling pursuant to...
Section 25-5A-24 - Written report of counseling--Copy to Department of Social Services. - 25-5A-24. Written report of counseling--Copy to Department of Social Services....
Section 25-5A-25 - Failure to receive counseling. - 25-5A-25. Failure to receive counseling. Failure to comply with §§25-5A-22...
Section 25-5A-26 - Termination of parental rights--Validated--Limitation on claims. - 25-5A-26. Termination of parental rights--Validated--Limitation on claims. Except in any...
Section 25-5A-27 - Voluntary delivery of child 60 days of age or younger--Actions to protect child authorized. - 25-5A-27. Voluntary delivery of child 60 days of age or...
Section 25-5A-28 - Delivery of unharmed child not a crime. - 25-5A-28. Delivery of unharmed child not a crime. It is...
Section 25-5A-29 - Termination of parental rights to delivered child. - 25-5A-29. Termination of parental rights to delivered child. If a...
Section 25-5A-30 - Questions concerning child's medical history--No parental obligation to provide information. - 25-5A-30. Questions concerning child's medical history--No parental obligation to provide...
Section 25-5A-31 - No liability for entity accepting custody of delivered child. - 25-5A-31. No liability for entity accepting custody of delivered child....
Section 25-5A-32 - Notification to Department of Social Services upon possession of child--Assumption of care, custody and control of child--Investigation of parent restricted. - 25-5A-32. Notification to Department of Social Services upon possession of...
Section 25-5A-33 - Provisions for custody action by nonrelinquishing parent. - 25-5A-33. Provisions for custody action by nonrelinquishing parent. If one...
Section 25-5A-34 - Emergency medical services provider defined. - 25-5A-34. Emergency medical services provider defined. For the purposes of...
Section 25-5A-35 - Parental rights termination hearing for voluntarily delivered child. - 25-5A-35. Parental rights termination hearing for voluntarily delivered child. Sixty...
Section 25-5A-36 - Due regard to be afforded Indian Child Welfare Act. - 25-5A-36.Due regard to be afforded Indian Child Welfare Act. Due...
Chapter 06 - Adoption Of Children
Section 25-6-1 - Adoption of illegitimate child by acknowledgment and conduct of father--Legitimation from birth. - 25-6-1. Adoption of illegitimate child by acknowledgment and conduct of...
Section 25-6-1.1 - Father of illegitimate child not entitled to notice unless acknowledged. - 25-6-1.1. Father of illegitimate child not entitled to notice unless...
Section 25-6-2 - Adoption of minor child permitted--Minimum difference in ages--Best interests of child. - 25-6-2. Adoption of minor child permitted--Minimum difference in ages--Best interests...
Section 25-6-3 - Consent of spouse required for adoption. - 25-6-3. Consent of spouse required for adoption. A married man...
Section 25-6-4 - Consent of child's parents required for adoption--Court waiver of consent. - 25-6-4. Consent of child's parents required for adoption--Court waiver of...
Section 25-6-4.1 - Compelling, coercing, or forcing adoption as felony. - 25-6-4.1. Compelling, coercing, or forcing adoption as felony. It shall...
Section 25-6-4.2 - Offering, giving, or receiving unauthorized consideration for adoption as felony. - 25-6-4.2. Offering, giving, or receiving unauthorized consideration for adoption as...
Section 25-6-5 - Consent of child over twelve required. - 25-6-5. Consent of child over twelve required. The consent of...
Section 25-6-6 - Jurisdiction of circuit court--Appeal. - 25-6-6. Jurisdiction of circuit court--Appeal. The circuit court is vested...
Section 25-6-7 - Venue of adoption proceedings. - 25-6-7. Venue of adoption proceedings. The circuit court for the...
Section 25-6-8 - Joinder of proceedings as to two or more children--Separate orders required. - 25-6-8. Joinder of proceedings as to two or more children--Separate...
Section 25-6-9 - Period of residence in home required before petition granted. - 25-6-9. Period of residence in home required before petition granted....
Section 25-6-9.1 - Home study report—Requirement--Cost. - 25-6-9.1. Home study report––Requirement––Cost. A person may not place a...
Section 25-6-9.2 - Effective date. - 25-6-9.2. Effective date. The provisions of §§25-6-9.1 and 25-6-15 apply...
Section 25-6-10 - Time of hearing on petition fixed--Investigation ordered by court. - 25-6-10. Time of hearing on petition fixed--Investigation ordered by court....
Section 25-6-11 - Notice to Department of Social Services--Recommendation of department--Appearance. - 25-6-11. Notice to Department of Social Services--Recommendation of department--Appearance. Upon...
Section 25-6-12 - Execution of consent and agreement by parties--Appearances at hearing. - 25-6-12. Execution of consent and agreement by parties--Appearances at hearing....
Section 25-6-13 - Examination of witnesses and investigations by court--Order of adoption--Contents. - 25-6-13. Examination of witnesses and investigations by court--Order of adoption--Contents....
Section 25-6-15 - Restrictions on access to court records in adoption proceedings--Court order required for disclosure of information--Notice of hearing to department or adoption agency--Disclosure not contested nor supported. - 25-6-15. Restrictions on access to court records in adoption proceedings--Court...
Section 25-6-15.1 - Confidentiality of records. - 25-6-15.1. Confidentiality of records. All papers, records, and information pertaining...
Section 25-6-15.2 - Nonidentifying information--Release to adoptive parent or adoptee. - 25-6-15.2. Nonidentifying information--Release to adoptive parent or adoptee. Nonidentifying information,...
Section 25-6-15.3 - Registry of consents to release of identifying information. - 25-6-15.3. Registry of consents to release of identifying information. The...
Section 25-6-16 - Change of name by adopted child--Relationship with adoptive parent. - 25-6-16. Change of name by adopted child--Relationship with adoptive parent....
Section 25-6-17 - Rights and duties of natural parents terminated on adoption--Exceptions. - 25-6-17. Rights and duties of natural parents terminated on adoption--Exceptions....
Section 25-6-18 - Petition for adoption of adult--Consent--Residence requirement. - 25-6-18. Petition for adoption of adult--Consent--Residence requirement. An adult may...
Section 25-6-19 - Order for adoption of adult. - 25-6-19. Order for adoption of adult. Upon showing of good...
Section 25-6-20 - Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New birth certificate optional. - 25-6-20. Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New...
Section 25-6-21 - Cure of past irregularities in proceedings--Limitation of actions. - 25-6-21. Cure of past irregularities in proceedings--Limitation of actions. Except...
Section 25-6-22 - Medical information on adoptee's birthparent available to adoptee or adoptee's legal guardian--Written request--Proof. - 25-6-22. Medical information on adoptee's birthparent available to adoptee or...
Section 25-6-23 - Medical and social history form filed in adoption of abused or neglected child--Availability to adoptive parents and adoptee--Failure to comply. - 25-6-23. Medical and social history form filed in adoption of...
Section 25-6-24 - Due regard to be afforded Indian Child Welfare Act. - 25-6-24.Due regard to be afforded Indian Child Welfare Act. Due...
Section 25-6-25 - Effect of adoption orders of another jurisdiction or nation. - 25-6-25. Effect of adoption orders of another jurisdiction or nation....
Chapter 06A - Interstate Compact On Adoption And Medical Assistance
Section 25-6A-2 - Administration of compact. - 25-6A-2. Administration of compact. The Governor may appoint a compact...
Section 25-6A-3 - Participation by Department of Social Services. - 25-6A-3. Participation by Department of Social Services. The Department of...
Section 25-6A-4 - "State" defined. - 25-6A-4."State" defined. For the purposes of this chapter, the term...
Section 25-6A-5 - "Adoption assistance state" defined. - 25-6A-5."Adoption assistance state" defined. For the purposes of this chapter,...
Section 25-6A-6 - "Residence state" defined. - 25-6A-6."Residence state" defined. For the purposes of this chapter, the...
Section 25-6A-7 - Required content of compact. - 25-6A-7. Required content of compact. A compact entered into pursuant...
Section 25-6A-8 - Allowable provisions. - 25-6A-8. Allowable provisions. Any compact entered into pursuant to this...
Section 25-6A-9 - Medical assistance identification for special needs child. - 25-6A-9. Medical assistance identification for special needs child. Any resident...
Section 25-6A-10 - Process and payment of medical assistance claims. - 25-6A-10. Process and payment of medical assistance claims. The Department...
Section 25-6A-11 - Coverage and benefits for out-of-state child--Reimbursement to adoptive parents--Rules of procedure. - 25-6A-11. Coverage and benefits for out-of-state child--Reimbursement to adoptive parents--Rules...
Section 25-6A-12 - Fraudulent claims. - 25-6A-12. Fraudulent claims. The submission of any claim for payment...
Section 25-6A-13 - Application of §§ 25-6A-9 to 25-6A-12, inclusive. - 25-6A-13. Application of §§25-6A-9 to 25-6A-12, inclusive. The provisions of...
Section 25-6A-14 - Application of federal law. - 25-6A-14. Application of federal law. Consistent with federal law, the...
Chapter 07 - Support Obligations
Section 25-7-1 - Duty to support spouse. - 25-7-1. Duty to support spouse. A person shall support himself...
Section 25-7-2 - Liability for necessaries supplied to spouse. - 25-7-2. Liability for necessaries supplied to spouse. If a person...
Section 25-7-3 - Abandonment or separation of spouses--Liability for support. - 25-7-3. Abandonment or separation of spouses--Liability for support. A person...
Section 25-7-4 - Failure to support spouse as felony. - 25-7-4. Failure to support spouse as felony. Every person with...
Section 25-7-5 - Duty to support spouse. - 25-7-5. Duty to support spouse. A person shall support his...
Section 25-7-6.1 - Obligation of parents to support child--Liability of absent parent--"Continued absence from the home". - 25-7-6.1. Obligation of parents to support child--Liability of absent parent--"Continued...
Section 25-7-6.2 - Support obligation schedule. - 25-7-6.2. Support obligation schedule. The child support obligation must be...
Section 25-7-6.3 - Determination of parents' monthly net income--Sources of income. - 25-7-6.3. Determination of parents' monthly net income--Sources of income. The...
Section 25-7-6.4 - Rebuttable presumption of employment at minimum wage. - 25-7-6.4. Rebuttable presumption of employment at minimum wage. Except as...
Section 25-7-6.5 - Assets considered when income insufficient. - 25-7-6.5. Assets considered when income insufficient. If a child's needs...
Section 25-7-6.6 - Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction. - 25-7-6.6. Profits or losses shown on federal income tax schedules...
Section 25-7-6.7 - Allowable deductions from monthly gross income. - 25-7-6.7. Allowable deductions from monthly gross income. Deductions from monthly...
Section 25-7-6.9 - Income above the schedule--Child support adjusted to appropriate level. - 25-7-6.9. Income above the schedule--Child support adjusted to appropriate level....
Section 25-7-6.10 - Factors considered for deviation from schedule. - 25-7-6.10. Factors considered for deviation from schedule. Deviation from the...
Section 25-7-6.11 - Periodic adjustments in support. - 25-7-6.11. Periodic adjustments in support. The court setting the support...
Section 25-7-6.12 - Review and amendment of schedule. - 25-7-6.12. Review and amendment of schedule. The Governor shall, commencing...
Section 25-7-6.13 - Modification of prior orders of support. - 25-7-6.13. Modification of prior orders of support. All orders for...
Section 25-7-6.14 - Abatement of portion of child support--Modification. - 25-7-6.14. Abatement of portion of child support--Modification. If the child...
Section 25-7-6.15 - Allocation of travel costs by court. - 25-7-6.15. Allocation of travel costs by court. If travel costs...
Section 25-7-6.16 - Medical support--Insurance--Computation of costs--Apportionment between parents. - 25-7-6.16. Medical support--Insurance--Computation of costs--Apportionment between parents. The court shall...
Section 25-7-6.17 - Large adjustment in support phased in. - 25-7-6.17. Large adjustment in support phased in. In cases resulting...
Section 25-7-6.18 - Order allocating child care expenses. - 25-7-6.18. Order allocating child care expenses. The court may enter...
Section 25-7-6.19 - Credit for child support arrearages for parent with primary physical custody during period of custody. - 25-7-6.19. Credit for child support arrearages for parent with primary...
Section 25-7-6.20 - Lien on payment or installment of support under an order of support--Notice. - 25-7-6.20. Lien on payment or installment of support under an...
Section 25-7-6.21 - Credit on monthly support obligation for social security or veteran's dependent benefits. - 25-7-6.21. Credit on monthly support obligation for social security or...
Section 25-7-6.22 - Rebuttable presumption that second job income not to be considered in establishing support obligation. - 25-7-6.22. Rebuttable presumption that second job income not to be...
Section 25-7-6.23 - Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department. - 25-7-6.23. Offset of support obligation when each parent has primary...
Section 25-7-6.24 - Change of physical custody of child without court approval--Order to pay child support. - 25-7-6.24. Change of physical custody of child without court approval--Order...
Section 25-7-6.25 - Form to request reimbursement of medical or health care costs from parent--Small claims procedure. - 25-7-6.25. Form to request reimbursement of medical or health care...
Section 25-7-6.26 - Effect of failure to furnish financial information--Imputation of income. - 25-7-6.26. Effect of failure to furnish financial information--Imputation of income....
Section 25-7-6.27 - Shared parenting child support cross credit. - 25-7-6.27. Shared parenting child support cross credit. If a custody...
Section 25-7-6.28 - Child residence with parent for a night--Residence for days. - 25-7-6.28. Child residence with parent for a night--Residence for days....
Section 25-7-6.29 - Written finding for establishment or modification of child support order--Best interest of child. - 25-7-6.29. Written finding for establishment or modification of child support...
Section 25-7-7.1 - Continuation of duty to support. - 25-7-7.1. Continuation of duty to support. A parent's duty to...
Section 25-7-7.2 - Expenses incurred on child's behalf--Fee schedule. - 25-7-7.2. Expenses incurred on child's behalf--Fee schedule. The secretary of...
Section 25-7-7.3 - Previously ordered support payments not subject to modification--Exception. - 25-7-7.3. Previously ordered support payments not subject to modification--Exception. Any...
Section 25-7-7.4 - Unpaid payment or installment of support as judgment. - 25-7-7.4. Unpaid payment or installment of support as judgment. Any...
Section 25-7-7.5 - Filing of sworn statement or certificate of unpaid support due--Effective date of judgment. - 25-7-7.5. Filing of sworn statement or certificate of unpaid support...
Section 25-7-7.6 - Court may order payment of arrearages. - 25-7-7.6. Court may order payment of arrearages. If, at any...
Section 25-7-7.7 - Termination of child support order upon disestablishment of paternity. - 25-7-7.7. Termination of child support order upon disestablishment of paternity....
Section 25-7-8 - Stepparent's duty to support spouse's children. - 25-7-8. Stepparent's duty to support spouse's children. A stepparent shall...
Section 25-7-9 - Adult child supported by parent. - 25-7-9. Adult child supported by parent. Except as provided in...
Section 25-7-10 - Liability of parent for necessaries supplied to child. - 25-7-10. Liability of parent for necessaries supplied to child. If...
Section 25-7-12 - Allowances to parent out of child's property. - 25-7-12. Allowances to parent out of child's property. The circuit...
Section 25-7-13 - Support of spouse and children out of property of absentee, prisoner or mentally ill person--Application to circuit court--Notice--Trial and judgment. - 25-7-13. Support of spouse and children out of property of...
Section 25-7-14 - Reimbursement of county from deceased parent's estate for support provided child. - 25-7-14. Reimbursement of county from deceased parent's estate for support...
Section 25-7-15 - Desertion of child under ten as felony. - 25-7-15. Desertion of child under ten as felony. The parent...
Section 25-7-16 - Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment. - 25-7-16. Nonsupport of child by parent as misdemeanor--Felony where parent...
Section 25-7-16.1 - Cash bond for nonsupport applied to child support arrearages. - 25-7-16.1. Cash bond for nonsupport applied to child support arrearages....
Section 25-7-17 - Abandonment or nonsupport of child by parent as prima facie evidence of intent. - 25-7-17. Abandonment or nonsupport of child by parent as prima...
Section 25-7-17.1 - Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements. - 25-7-17.1. Parent's choice of health services permitted in legitimate practice...
Section 25-7-19 - Marital status and divorce decrees immaterial to criminal liability--Status of unborn child. - 25-7-19. Marital status and divorce decrees immaterial to criminal liability--Status...
Section 25-7-20 - Parent's criminal liability not relieved by other parent's custody or support provided by others. - 25-7-20. Parent's criminal liability not relieved by other parent's custody...
Section 25-7-20.1 - Complaint for nonsupport signed by representative of department. - 25-7-20.1. Complaint for nonsupport signed by representative of department. When...
Section 25-7-22 - Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses. - 25-7-22. Communications not privileged in nonsupport prosecutions--Husband and wife as...
Section 25-7-23 - Abandonment and nonsupport of spouse or children as prima facie evidence of intent. - 25-7-23. Abandonment and nonsupport of spouse or children as prima...
Section 25-7-24 - Release on undertaking to support spouse or child--Amount and terms of undertaking. - 25-7-24. Release on undertaking to support spouse or child--Amount and...
Section 25-7-25 - Cancellation of undertaking for support on demonstration of good faith. - 25-7-25. Cancellation of undertaking for support on demonstration of good...
Section 25-7-26 - Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking. - 25-7-26. Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment...
Section 25-7-26.1 - Posting bond by obligor--Notice. - 25-7-26.1. Posting bond by obligor--Notice. In any civil or administrative...
Section 25-7-27 - Adult child's duty to support parent when necessary--Notice required. - 25-7-27. Adult child's duty to support parent when necessary--Notice required....
Section 25-7-28 - Adult child's right of contribution from brothers and sisters for support of parent--Notice required. - 25-7-28. Adult child's right of contribution from brothers and sisters...
Section 25-7-30 - Proof of marriage and parentage. - 25-7-30. Proof of marriage and parentage. No other evidence shall...
Section 25-7-37 - Chronically delinquent defined. - 25-7-37. Chronically delinquent defined. For the purposes of §25-7-38, the...
Section 25-7-38 - Late fee for certain chronically delinquent child support payments. - 25-7-38. Late fee for certain chronically delinquent child support payments....
Chapter 07A - Collection Of Child Support
Section 25-7A-1 - Definition of terms. - 25-7A-1. Definition of terms. Terms used in this chapter mean:...
Section 25-7A-2 - Public assistance to dependent child deemed debt of person responsible for support--Establishment of amount of debt--Public assistance recipient does not incur debt. - 25-7A-2. Public assistance to dependent child deemed debt of person...
Section 25-7A-3 - Subrogation right of department. - 25-7A-3. Subrogation right of department. The Department of Social Services...
Section 25-7A-3.1 - Designation of Department of Social Services as state child support case registry--Duties. - 25-7A-3.1. Designation of Department of Social Services as state child...
Section 25-7A-3.2 - Designation of Department of Social Services as state child disbursement unit--Collection and disbursement procedures. - 25-7A-3.2. Designation of Department of Social Services as state child...
Section 25-7A-3.3 - State directory of new hires--Reporting requirements--Multistate employers--Use of information by department. - 25-7A-3.3. State directory of new hires--Reporting requirements--Multistate employers--Use of information...
Section 25-7A-4 - Statement required of certain parents. - 25-7A-4. Statement required of certain parents. Upon demand by the...
Section 25-7A-5 - Notice of support debt--Service on parent--Contents of notice. - 25-7A-5. Notice of support debt--Service on parent--Contents of notice. The...
Section 25-7A-6 - Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's modification. - 25-7A-6. Hearing requested by parent--Referee's report--Objections--Order of court--Service--Objection to court's...
Section 25-7A-6.1 - Notice to department of parent's address and employment information. - 25-7A-6.1. Notice to department of parent's address and employment information....
Section 25-7A-6.2 - Time for furnishing documents required by referee--Inspection and copying by parties. - 25-7A-6.2. Time for furnishing documents required by referee--Inspection and copying...
Section 25-7A-7 - Secretary's application for support order--Court order--Service. - 25-7A-7. Secretary's application for support order--Court order--Service. If a parent...
Section 25-7A-8 - Circuit court action to contest paternity or custody. - 25-7A-8. Circuit court action to contest paternity or custody. If...
Section 25-7A-10.1 - Filing of action involving previous support order. - 25-7A-10.1. Filing of action involving previous support order. If the...
Section 25-7A-14 - Interest on support debt or judgment. - 25-7A-14. Interest on support debt or judgment. The Department of...
Section 25-7A-15 - Payor holding amount in excess of debt--Release of excess to obligor. - 25-7A-15. Payor holding amount in excess of debt--Release of excess...
Section 25-7A-16 - Grounds for release of lien. - 25-7A-16. Grounds for release of lien. The secretary of social...
Section 25-7A-17 - Agreement between parents relieving duty of support--Rights of department or support obligee not terminated. - 25-7A-17. Agreement between parents relieving duty of support--Rights of department...
Section 25-7A-18 - Cooperation between public agencies. - 25-7A-18. Cooperation between public agencies. The secretary of social services...
Section 25-7A-19 - Department as administrator. - 25-7A-19. Department as administrator. The department is the designated public...
Section 25-7A-20 - Enforcement of spousal support obligation. - 25-7A-20. Enforcement of spousal support obligation. The department shall enforce...
Section 25-7A-21 - Judgment for arrearage due obligee in absence of court order. - 25-7A-21. Judgment for arrearage due obligee in absence of court...
Section 25-7A-21.1 - Order establishment case--Limitation on prior-period support obligations or arrearages. - 25-7A-21.1. Order establishment case--Limitation on prior-period support obligations or arrearages....
Section 25-7A-22 - Petition for modification of child support--Hearing--Referee's report--Objections--Service--Objection to modification of report. - 25-7A-22. Petition for modification of child support--Hearing--Referee's report--Objections--Service--Objection to modification...
Section 25-7A-23 - Order for withholding of income or property--Written agreement in lieu of order. - 25-7A-23. Order for withholding of income or property--Written agreement in...
Section 25-7A-24 - Order for withholding of income served upon obligor where delinquent or support arrearage owed. - 25-7A-24. Order for withholding of income served upon obligor where...
Section 25-7A-26 - Petition to stay service of order for withholding--Grounds. - 25-7A-26. Petition to stay service of order for withholding--Grounds. The...
Section 25-7A-30 - Service of order for withholding. - 25-7A-30. Service of order for withholding. The department shall enter...
Section 25-7A-31 - Order for withholding--Contents. - 25-7A-31. Order for withholding--Contents. The order for withholding shall direct...
Section 25-7A-32 - Amount withheld for support and arrearage. - 25-7A-32. Amount withheld for support and arrearage. The amount actually...
Section 25-7A-33 - Order for withholding not conclusive on issue of arrearage. - 25-7A-33. Order for withholding not conclusive on issue of arrearage....
Section 25-7A-34 - Deduction and transmittal of income by payor. - 25-7A-34. Deduction and transmittal of income by payor. Any payor...
Section 25-7A-35 - Compliance by payor where multiple orders for withholding or multiple obligors. - 25-7A-35. Compliance by payor where multiple orders for withholding or...
Section 25-7A-36 - Duty of payor where obligor terminated--Service of order upon new payor. - 25-7A-36. Duty of payor where obligor terminated--Service of order upon...
Section 25-7A-37 - Withholding made without regard to other claims--Complete defense by payor to claims of obligor. - 25-7A-37. Withholding made without regard to other claims--Complete defense by...
Section 25-7A-38 - Modification, suspension or termination of order for withholding. - 25-7A-38. Modification, suspension or termination of order for withholding. At...
Section 25-7A-39 - Notice to payor. - 25-7A-39. Notice to payor. The department shall serve on the...
Section 25-7A-40 - Binding effect of order for withholding. - 25-7A-40. Binding effect of order for withholding. The order for...
Section 25-7A-41 - Notice of change of address of obligee. - 25-7A-41. Notice of change of address of obligee. An obligee...
Section 25-7A-42 - Notice of new payor to department by obligee--Violation as misdemeanor. - 25-7A-42. Notice of new payor to department by obligee--Violation as...
Section 25-7A-43 - Notice of other support payments to department by obligee. - 25-7A-43. Notice of other support payments to department by obligee....
Section 25-7A-44 - Collection, apportionment, and disbursements of payments by department--Payment records. - 25-7A-44. Collection, apportionment, and disbursements of payments by department--Payment records....
Section 25-7A-45 - Actions against payor by department. - 25-7A-45. Actions against payor by department. In all cases the...
Section 25-7A-46 - Intentional violation by payor as petty offense. - 25-7A-46. Intentional violation by payor as petty offense. Any payor...
Section 25-7A-47 - Request to another state to withhold income of obligor. - 25-7A-47. Request to another state to withhold income of obligor....
Section 25-7A-48 - Order to withhold income of obligor upon request from another state. - 25-7A-48. Order to withhold income of obligor upon request from...
Section 25-7A-49 - Law applicable to withholding of income derived within state. - 25-7A-49. Law applicable to withholding of income derived within state....
Section 25-7A-50 - Notice to other state where obligor ceases to derive income within state. - 25-7A-50. Notice to other state where obligor ceases to derive...
Section 25-7A-51 - Workfare program--Circumstances where participation required. - 25-7A-51. Workfare program--Circumstances where participation required. An obligor who owes...
Section 25-7A-52 - Supplemental nature of rights and duties--Prior assignments not invalid. - 25-7A-52. Supplemental nature of rights and duties--Prior assignments not invalid....
Section 25-7A-54 - Department exempt from filing fee. - 25-7A-54. Department exempt from filing fee. The Department of Social...
Section 25-7A-55 - Previous orders legalized, cured, and validated. - 25-7A-55. Previous orders legalized, cured, and validated. All orders previously...
Section 25-7A-56 - Prohibition against issuance or renewal of professional license, registration, certification, or permit of applicant in child support arrearage--Adoption of rules by state agencies. - 25-7A-56. Prohibition against issuance or renewal of professional license, registration,...
Section 25-7A-56.1 - Revocation, suspension, or restriction of licenses of child support obligors. - 25-7A-56.1. Revocation, suspension, or restriction of licenses of child support...
Section 25-7A-56.2 - Recordation of social security number of child support obligors. - 25-7A-56.2. Recordation of social security number of child support obligors....
Section 25-7A-56.3 - Administrative authority of Title IV-D agency in paternity and support actions. - 25-7A-56.3. Administrative authority of Title IV-D agency in paternity and...
Section 25-7A-56.4 - Administrative access of Title IV-D agency to motor vehicle or law enforcement locator systems. - 25-7A-56.4. Administrative access of Title IV-D agency to motor vehicle...
Section 25-7A-56.5 - Disclosures to Title IV-D agencies. - 25-7A-56.5. Disclosures to Title IV-D agencies. All entities within this...
Section 25-7A-56.6 - Title IV-D agency records access. - 25-7A-56.6. Title IV-D agency records access. For purposes of child...
Section 25-7A-56.7 - Filing requirements. - 25-7A-56.7. Filing requirements. Upon entry of an order for support,...
Section 25-7A-56.8 - Jurisdiction of authorized tribunals. - 25-7A-56.8. Jurisdiction of authorized tribunals. Any tribunal as defined in...
Section 25-7A-56.9 - Reporting requirements of child support obligor's financial institution. - 25-7A-56.9. Reporting requirements of child support obligor's financial institution. The...
Section 25-7A-56.10 - Withholding from reemployment assistance benefits. - 25-7A-56.10. Withholding from reemployment assistance benefits. Upon receiving notice from...
Section 25-7A-56.11 - Title IV-D agency as payee. - 25-7A-56.11. Title IV-D agency as payee. In any case in...
Section 25-7A-57 - Award of attorney fees and costs in child support modification hearings. - 25-7A-57. Award of attorney fees and costs in child support...
Section 25-7A-58 - Health insurance for dependent child. - 25-7A-58. Health insurance for dependent child. If an order for...
Section 25-7A-59 - Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty. - 25-7A-59. Withholding employee's compensation for dependent child's medical support--Required filing...
Section 25-7A-60 - Garnishment of wages for state expenditures for dependent child under the medical assistance program. - 25-7A-60. Garnishment of wages for state expenditures for dependent child...
Section 25-7A-61 - Promulgation of rules to notify insurers and employers of child support orders that include medical support. - 25-7A-61. Promulgation of rules to notify insurers and employers of...
Section 25-7A-62 - Notice to obligor of national medical support notice--Procedure and grounds for contesting enrollment. - 25-7A-62. Notice to obligor of national medical support notice--Procedure and...
Chapter 08 - Paternity Proceedings
Section 25-8-3 - Father and mother's liability for confinement expense. - 25-8-3. Father and mother's liability for confinement expense. The father...
Section 25-8-5 - Custodian's recovery of support from noncustodian--Period support recoverable. - 25-8-5. Custodian's recovery of support from noncustodian--Period support recoverable. The...
Section 25-8-7 - Proceedings to determine paternity or compel support as civil actions--Rules of procedure--Remedies authorized. - 25-8-7. Proceedings to determine paternity or compel support as civil...
Section 25-8-7.1 - Court ordered testing for paternity--Filing of results. - 25-8-7.1. Court ordered testing for paternity--Filing of results. In any...
Section 25-8-7.2 - Persons authorized to perform test--Liability. - 25-8-7.2. Persons authorized to perform test--Liability. Only a physician, laboratory...
Section 25-8-7.3 - Test results--Documentation--Filing objections to admissibility. - 25-8-7.3. Test results--Documentation--Filing objections to admissibility. The chain of custody...
Section 25-8-8 - Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed. - 25-8-8. Agreement on father's liability not binding unless judicially approved--Other...
Section 25-8-9 - Time for bringing proceedings. - 25-8-9. Time for bringing proceedings. Proceedings to establish or disestablish...
Section 25-8-12 - Time of institution of proceeding--Trial deferred until birth. - 25-8-12. Time of institution of proceeding--Trial deferred until birth. The...
Section 25-8-46 - Terminology used in records of children born out of wedlock. - 25-8-46. Terminology used in records of children born out of...
Section 25-8-49 - Admission of paternity as prima facie evidence. - 25-8-49. Admission of paternity as prima facie evidence. An admission...
Section 25-8-50 - Voluntary hospital-based paternity establishment program. - 25-8-50. Voluntary hospital-based paternity establishment program. Upon the birth of...
Section 25-8-51 - Forwarding of affidavit of paternity to Department of Social Services. - 25-8-51. Forwarding of affidavit of paternity to Department of Social...
Section 25-8-52 - Rebuttable presumption of paternity--Signed and notarized affidavit. - 25-8-52. Rebuttable presumption of paternity--Signed and notarized affidavit. A signed...
Section 25-8-53 - Reimbursement of reasonable costs for affidavit of paternity. - 25-8-53. Reimbursement of reasonable costs for affidavit of paternity. The...
Section 25-8-54 - Use of forms and information prescribed by department. - 25-8-54. Use of forms and information prescribed by department. All...
Section 25-8-55 - Default judgment establishing paternity. - 25-8-55. Default judgment establishing paternity. Any default judgment establishing paternity...
Section 25-8-56 - Judgment of paternity--Full faith and credit. - 25-8-56. Judgment of paternity--Full faith and credit. Any judgment of...
Section 25-8-57 - Rebuttable presumption of legitimacy. - 25-8-57. Rebuttable presumption of legitimacy. Any child born in wedlock,...
Section 25-8-58 - Genetic test results. - 25-8-58. Genetic test results. Genetic test results establishing a threshold...
Section 25-8-59 - Actions contesting rebuttable presumption of paternity. - 25-8-59. Actions contesting rebuttable presumption of paternity. Any action contesting...
Section 25-8-60 - Circumstances where name of father appears with birth record for out of wedlock birth. - 25-8-60. Circumstances where name of father appears with birth record...
Section 25-8-61 - Trial by jury prohibited in paternity action. - 25-8-61. Trial by jury prohibited in paternity action. In any...
Section 25-8-62 - Admissible medical billing evidence in paternity actions. - 25-8-62. Admissible medical billing evidence in paternity actions. In any...
Section 25-8-63 - Filing affidavits or adjudications of paternity. - 25-8-63. Filing affidavits or adjudications of paternity. Every affidavit or...
Section 25-8-64 - Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child. - 25-8-64. Setting aside presumption or prior determination of paternity based...
Chapter 09C - Uniform Interstate Family Support Act (2008)