State of South Dakota
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EIGHTY-THIRD
SESSION LEGISLATIVE ASSEMBLY, 2008 |
682P0247 | HOUSE JUDICIARY ENGROSSED NO. HB 1130 - 1/28/2008 |
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
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FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to the implementation
by the court of the standard visitation guidelines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4A-16.1 be amended to read as follows:
25-4A-16.1.
Any
Subject to the jurisdictional and procedural provisions of chapter 26-5B,
any
parent subject to a court order
of this state or subject to the jurisdiction of a court of this
state pursuant to chapter 26-5B
relating to visitation, custody, or child support may request the
court to enter an order implementing the standard visitation guidelines.
If the request is made
in a child support proceeding, compliance with chapter 26-5B, including appropriate notice and
an opportunity to be heard, if not previously provided, is required.
The request shall be in
writing
and shall include a copy of the existing order establishing custody or visitation and
provide a current address of the responding party
, but no particular formality is required by the
moving party. Upon receipt of the written request, the court shall serve a copy of the standard
guidelines upon both parties by first class mail
, together with a copy of the request and
providing notice that absent an objection, the guideline visitation shall be imposed. The notice
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4A-16.1 be amended to read as follows:
25-4A-16.1.
shall provide instructions as to the manner in which objections may be made . If either party objects to the imposition of the standard guidelines within ten days of service, the court shall conduct an expedited hearing as soon as practical. Based upon the evidence presented at the hearing, the court may order the parties to abide by the standard visitation guidelines or may order any other relief as it deems appropriate.