FOR AN ACT ENTITLED, An Act to
provide for the establishment of standard guidelines to
be used regarding child custody and visitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
For the purposes of this Act, the term, standard guidelines, means the child
visitation guidelines established by court rules promulgated by the South Dakota Supreme Court
pursuant to section 2 of this Act.
Section
2.
The South Dakota Supreme Court shall promulgate court rules establishing
standard guidelines to be used statewide for child visitation in divorce or separate maintenance
actions or any other custody action or proceeding. The standard guidelines shall provide a
framework for child visitation including frequency and time for child visitation; hours or days of
visitation; definitions for weekends, holidays, birthdays, and other special occasions; and time
periods for summer visitations. In establishing the standard guidelines, the court may consider
varying ages and circumstances of children and treat varying ages and circumstances differently.
Section
3.
Upon the filing of a summons and complaint for divorce or separate maintenance
or any other custody action or proceeding, the plaintiff shall also file and serve upon the
defendant a copy of the standard guidelines. The standard guidelines attached to the summons
shall become an order of the court upon fulfillment of the requirements of service. Any minor
child of the marriage shall remain in the custody of the parent who has been the primary
caregiver for the minor child for the majority of time in the thirty days preceding the filing of the
summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply
and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the
standard guidelines creates no presumption as to who shall be awarded custody at any hearing.
Section
4.
Any agreement by the parties for visitation other than the standard guidelines shall
be in writing, signed by both parties and filed with the court. The agreed plan shall be approved
by court order and replace the standard guidelines or any plan previously filed.
Section
5.
If either party objects to the initial custody arrangement in section 3 of this Act
or the standard guidelines, the court shall order a hearing which shall be held not later than thirty
days after the date of the objection. The court shall issue its temporary custody and visitation
order after considering the best interests of the child consistent with the provisions of
§
25-4-45.
Section
6.
The standard guidelines are subject to any provision established by a South Dakota
state court in the following: a temporary or permanent domestic protection order, an order
arising out of an abuse or neglect proceeding, a bond condition arising out of a criminal case, and
an order in any other proceeding affecting child custody or support.
Section
7.
The court may order either party to pay attorney fees and costs in an action filed
under this Act in accordance with
§
15-17-38 or any other applicable statute.
Section
8.
The parents are responsible for payment of child support in accordance with
§
25-
7-6.1.
