|
State of South Dakota
|
|
NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
| 794X0446 | HOUSE BILL NO. 1128 |
|
Introduced by: Representative Bolin and Senator Olson
|
FOR AN ACT ENTITLED, An Act to require the court to consider the preference of certain
children when awarding child custody in divorce actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4-45 be amended to read:
25-4-45. In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the courtmay shall consider that preference in
determining the question. As between parents adversely claiming the custody, neither parent
may be given preference over the other in determining custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4-45 be amended to read:
25-4-45. In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court
|
100 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.161 per page. |
. |
Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |
