2020 House Bill 1205 - Enrolled

SDLRC - 2020 House Bill 1205 - SD Legislature revise provisions regarding a custodial parent relocating a minor child.

20.399.11 95th Legislative Session 268

2020 South Dakota Legislature

House Bill 1205

ENROLLED

An Act

ENTITLED An Act to revise provisions regarding a custodial parent relocating a minor child.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 25-4A-19 be AMENDED:

25-4A-19. Request for hearing on relocation--Presumption of consent--Best interests of child.

At the request of the nonrelocating parent, made within thirty days of the notice of relocation, the court shall hold a hearing on the relocation. If no request for hearing is made within thirty days of notice, the relocation is presumed to be consented to by the nonrelocating parent. If an objection to the relocation is filed, the court shall consider the traditional best interest of the child factors when determining a proposed relocation that would result in a substantial alteration to the existing parenting time arrangement.

Section 2. That § 25-5-13 be AMENDED:

25-5-13. Residence of child--Right to change--Procedure.

A parent entitled to the custody of a child has the right to change the child's residence, subject to the power of the circuit court to restrain a removal that would prejudice the rights or welfare of the child. A parent desiring to relocate a minor child shall follow the provisions of §§ 25-4A-17 to 25-4A-19, inclusive.

An Act to revise provisions regarding a custodial parent relocating a minor child.

I certify that the attached Act originated in the:

House as Bill No. 1205

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1205

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2020 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2020

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2020

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Click message to listen