Chapter
01. Validity And Performance Of Marriages
02. Rights And Obligations Of Marriage
03. Annulment Of Marriage
04. Divorce And Separate Maintenance
04A. Custody And Visitation Rights
04B. Uniform Deployed Parents Custody And Visitation Act
05. Parent And Child
05A. Voluntary Termination Of Parental Relations
06. Adoption Of Children
06A. Interstate Compact On Adoption And Medical Assistance
07. Support Obligations
07A. Collection Of Child Support
08. Paternity Proceedings
09. Reciprocal Enforcement Of Support Obligations [Repealed]
09A. Revised Reciprocal Enforcement Of Support [Repealed]
09B. Uniform Interstate Family Support Act (1996) [Repealed]
09C. Uniform Interstate Family Support Act (2008)
10. Protection from Domestic Abuse
CHAPTER 25-1
VALIDITY AND PERFORMANCE OF MARRIAGES
25-1-1 Marriage defined--Consent and solemnization required.
25-1-2 Present consent to marriage required.
25-1-3 25-1-3, 25-1-4. Repealed by SL 1992, ch 155, §§ 2, 3
25-1-5 Manifestation and proof of consent and consummation of marriage.
25-1-6 Incestuous marriages void.
25-1-7 Marriage with stepchild void.
25-1-8 Bigamous marriage void--Former spouse absent or believed dead.
25-1-9 Age of consent to marriage with and without parental consent.
25-1-10 License required for marriage--Fee--Disposition of fees--Form--Certified copies--Fee.
25-1-10.1 Application for marriage license--Proof of age and identification required--Name changes.
25-1-10.2 Application for marriage license--Required statement.
25-1-11 Issuance of license to unqualified persons prohibited.
25-1-12 25-1-12. Repealed by SL 1993, ch 191, § 3
25-1-13 Consent of parent or guardian required for marriage of minor--Memorandum in record book.
25-1-14 25-1-14. Repealed by SL 1993, ch 191, § 4
25-1-15 Unlawful issuance of license as misdemeanor.
25-1-16 25-1-16. Repealed by SL 1976, ch 168, § 11
25-1-18 25-1-18 to 25-1-23. Repealed by SL 1984, ch 187, §§ 1 to 6
25-1-24 Time allowed after license for solemnization of marriage.
25-1-26 25-1-26, 25-1-27. Repealed by SL 1978, ch 187, §§ 3, 4
25-1-28 25-1-28. Repealed by SL 2001, ch 129, § 3
25-1-28.1 Distribution of HIV educational material before license issued.
25-1-29 Solemnization and recording of marriages required--Common-law marriages prior to 1959 not invalidated.
25-1-30 Persons authorized to solemnize marriages.
25-1-31 Solemnization of marriage without license as misdemeanor.
25-1-32 Identity and ages of parties to be established before solemnization of marriage.
25-1-33 Solemnization of marriage between unauthorized persons as misdemeanor.
25-1-34 25-1-34. Repealed by SL 1978, ch 187, § 5
25-1-35 Certificate delivered to parties--Return to register of deeds.
25-1-36 Return of marriage performed without person authorized to perform--Failure as petty offense.
25-1-37 Record maintained by Department of Health--Entry as evidence of marriage--Local registrar to file records with department.
25-1-38 Validity of marriages contracted outside state--Same-sex marriages excluded.
25-1-39 Marriage voidable if party physically incapable or consent obtained by fraud or force.
25-1-40 Marital rights not restored by pardon from life sentence.
25-2-1
Respect, fidelity, and support.
25-2-2
Repealed.
25-2-3
Joint tenancies and tenancies in common.
25-2-4
Rights in separate property.
25-2-5
Recording inventory of spouse's separate property--Prima facie evidence.
25-2-6
Separate property not liable for debts of spouse.
25-2-7
Property rights and powers of spouse.
25-2-8
Conveyance of spouse's separate property.
25-2-9
Repealed.
25-2-10
Property transactions of husband or wife--Transactions between spouses.
25-2-11
Joint and several liability for necessaries.
25-2-12
Right to spouse's earnings--Earnings of minor children.
25-2-13
Alteration of legal relations by husband and wife--Separation and support
agreements.
25-2-14
Responsibility for acts of spouse.
25-2-15
Spouse's power to sue.
25-2-16
Definitions.
25-2-17
Formalities.
25-2-18
Content.
25-2-19
Effect of marriage.
25-2-20
Amendment--Revocation.
25-2-21
Enforcement.
25-2-22
Enforcement--Void marriage.
25-2-23
Limitation of actions.
25-2-24
Application and construction.
25-2-25
Short title.
25-3-1
Former marriage as ground--Party bringing action--Time of action.
25-3-2
Unsound mind as ground--Party bringing action--Time of action.
25-3-3
Legitimacy of children after annulment for former marriage or mental illness.
25-3-4
Annulment of underage marriage--Party bringing action--Time of action.
25-3-5
Forced consent as ground--Party bringing action--Time of action.
25-3-6
Fraud as ground--Party bringing action--Time of action.
25-3-7
Repealed.
25-3-8
Physical incapacity as ground for annulment--Party bringing action--Time of action.
25-3-9
Parties bound by annulment.
25-3-10
Provision for maintenance--Vacation or modification.
25-3-11
Provisions for child custody and support--Vacation or modification.
25-3-12
Report to Department of Health on annulments.
CHAPTER 25-4
DIVORCE AND SEPARATE MAINTENANCE
25-4-1 Marriage dissolved only by death or divorce--Status of parties after divorce.
25-4-2 Grounds for divorce.
25-4-3 Adultery defined.
25-4-4 Extreme cruelty defined.
25-4-5 Willful desertion defined--Special conditions applicable.
25-4-6 25-4-6, 25-4-7. Repealed by SL 1974, ch 173
25-4-8 Refusal of intercourse as desertion--Refusal to live together.
25-4-9 Desertion by departure during absence of spouse induced by fraud.
25-4-10 Desertion by cruelty or threats causing departure of spouse.
25-4-11 Separation by consent not desertion.
25-4-12 Intent to desert formed during proper absence.
25-4-13 Desertion by refusal of reconciliation after separation.
25-4-14 Offer to return curing desertion--Refusal of offer as desertion.
25-4-15 Willful neglect defined.
25-4-16 Habitual intemperance defined.
25-4-17 Continuous period of desertion, neglect, or intemperance required.
25-4-17.1 Irreconcilable differences defined.
25-4-17.2 Dissolution of marriage--Legal separation--Continuance--Orders during continuance--Consent of parties.
25-4-17.3 Use of affidavits to establish jurisdiction and grounds for divorce.
25-4-17.4 Validation of divorce granted without personal appearance.
25-4-18 Chronic mental illness as discretionary ground.
25-4-19 Grounds for denial of divorce.
25-4-20 Connivance defined.
25-4-21 Collusion defined.
25-4-22 Condonation defined--Required elements.
25-4-23 Condonation not implied by endurance of continuing conduct constituting ground for divorce.
25-4-24 Fraudulent concealment of ground of divorce avoiding condonation.
25-4-25 Conjugal kindness as condition subsequent to condonation.
25-4-26 Revocation of condonation and revival of ground for divorce.
25-4-27 25-4-27, 25-4-28. Repealed by SL 1973, ch 161
25-4-29 25-4-29. Repealed by SL 2014, ch 121, § 2.
25-4-30 Residence requirements for divorce or separate maintenance.
25-4-30.1 Venue of action--Change by defendant.
25-4-31 25-4-31, 25-4-32. Repealed by SL 1974, ch 174, § 3
25-4-33 No presumption as to same domicile of parties--Separate domiciles after separation.
25-4-33.1 Automatic temporary restraining order upon service.
25-4-34 Waiting period before trial of divorce and separate maintenance actions--Temporary orders and preliminary proceedings during waiting period.
25-4-34.1 Validation of prior decrees granted on sixtieth day--Deadline for contesting validity.
25-4-35 Validity of proceedings on service by publication under prior law.
25-4-36 25-4-36, 25-4-37. Repealed by SL 1974, ch 173; SL 1974, ch 174, § 2
25-4-38 Alimony pending action.
25-4-39 Separate maintenance granted on denial of divorce.
25-4-40 Action for separate maintenance without divorce--Alimony and support.
25-4-41 Allowance for support when divorce granted.
25-4-42 Security for payments required of spouse--Receivership--Allowance withheld when recipient's estate sufficient.
25-4-43 Repealed.
25-4-44 Division of property between parties.
25-4-45 Child custody provisions--Modification--Preference of child.
25-4-45.1 Fault not considered in awarding property or child custody--Exceptions.
25-4-45.2 Intervention by attorney general or state's attorney when support assigned to state.
25-4-45.3 Adoption of fee schedule for home studies or investigations ordered by court in custody proceedings.
25-4-45.4 Counsel appointed for child in certain divorce or custody proceedings--Duty of counsel--Assistance--Costs.
25-4-45.5 Consideration of domestic abuse and assault conviction in custody award.
25-4-45.6 Consideration of conviction for death of other parent in custody award.
25-4-45.7 Protective orders and arrest reports considered in determining existence of history of domestic abuse.
25-4-45.8 Consideration of reporting abuse falsely or without good cause in custody award.
25-4-46 Alimony, support, property, and child custody provisions subject to review on appeal.
25-4-47 Restoration of former name to wife--Validation of prior decrees.
25-4-48 25-4-48, 25-4-49. Repealed by SL 2014, ch 121, §§ 3, 4.
25-4-50 25-4-50. Repealed by SL 1973, ch 162
25-4-51 Report of divorces to department of health.
25-4-52 Visitation rights for grandparents--Enforcement by circuit court.
25-4-53 25-4-53. Repealed by SL 1990, ch 184
25-4-54 Visitation rights of grandparents--Child placed for adoption.
25-4-55 Exclusion of child from custody proceedings.
25-4-56 Custody and visitation disputes--Mediation order--Exceptions--Investigation--Allocation of costs.
25-4-57 Court appointment of mediator.
25-4-58 Adoption of court rules establishing minimum qualifications of mediator.
25-4-58.1 Minimum qualifications for family court mediators.
25-4-58.2 Conduct of Family Court Mediators.
25-4-59 Privacy of mediation proceedings.
25-4-60 Confidentiality of mediation communications and mediator's work product.
25-4-61 Written mediated agreement--Signing--Court approval.
25-4-62 Recommendation by mediator to court upon parties' failure to agree.
25-4-63 Custody and visitation disputes--Appointment of parenting coordinator.
25-4-64 Parenting coordinator appointment at party request or on court's own motion.
25-4-65 Qualifications of parenting coordinator.
25-4-66 Appointment upon consent of parties.
25-4-67 Parenting coordinator application form.
25-4-68 Term of parenting coordinator--Resignation--Discharge.
25-4-69 Parenting coordinator fees and costs.
25-4-70 Duties of parenting coordinator.
25-4-71 Attorney and parenting coordinator fees related to motion.
25-4-72 Authority of court.
25-4-73 Standards of conduct for parenting coordinators.
25-4-74 Communications with parenting coordinator not confidential.
25-4-75 Motion to reopen case to divide assets omitted from property division.
25-4-76 Equitable division of inadvertently omitted assets.
25-4-77 Remedies for intentional concealment of omitted assets.
25-4-78 Attorneys fees for motion for omitted assets.
25-4-79 Jurisdiction over motions for omitted assets when court of this state entered original decree.
25-4-80 Jurisdiction over motions for omitted assets when court of another state entered original decree.
25-4-81 Time for filing motion for inadvertently omitted assets.
25-4-82 Time for filing motion for intentional concealment of assets.
25-4-83 Nonexclusive remedies.
CHAPTER 25-4A
CUSTODY AND VISITATION RIGHTS
25-4A-1 Custody or visitation rights enforceable by contempt proceedings.
25-4A-2 Written request for order to show cause for violation of visitation or custody decree--Hearing date.
25-4A-3 Affirmative inquiry into contempt--Contemnor's rights.
25-4A-4 Affirmative defense by contemnor.
25-4A-4.1 Motion for enforcement of visitation rights--Hearing.
25-4A-5 Sanctions for violation of custody or visitation decree.
25-4A-5.1 Copy of § 25-4A-5 attached to order for parenting time.
25-4A-6 Probation for contemnor.
25-4A-7 Motion to revoke probation of contemnor.
25-4A-8 Application of section 23A-38-2 to proceedings for custody or visitation decree violations.
25-4A-9 Standard guidelines defined.
25-4A-10 Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules.
25-4A-11 Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors.
25-4A-12 Visitation agreement other than standard guidelines--Requirements.
25-4A-13 Objections to custody or visitation order--Hearing--Temporary order.
25-4A-14 Standard guidelines subject to certain court orders.
25-4A-15 Attorney fees and costs.
25-4A-16 Parents responsible for child support.
25-4A-16.1 Request for implementation of standard visitation guidelines--Objection--Hearing--Order.
25-4A-17 Notice required before relocating child--Exceptions.
25-4A-18 Contents of notice of relocation.
25-4A-19 Request for hearing on relocation--Presumption of consent--Best interests of child.
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-21 Joint physical custody--Consideration upon application--Findings.
25-4A-22 Rebuttable presumption upon finding of history of domestic abuse or assault.
25-4A-23 Home study or custody evaluation--Mediation.
25-4A-24 Factors for consideration on request for joint physical custody.
25-4A-25 Parental agreement for joint physical custody.
25-4A-26 No presumption of joint physical custody.
25-4A-27 Modification of existing orders.
25-4A-28 Parenting time enforcement form on Unified Judicial System website.
25-4A-29 Commission on Parenting Time Guidelines--Creation--Duties.
25-4A-30 Commission on Parenting Time Guidelines--Composition.
25-4A-31 Commission on Parenting Time Guidelines--Hearings--Scope of review.
25-4A-32 Court-approved parenting education for child custody and visitation actions.
APPENDIX A. APPENDIX TO CHAPTER 25-4A
South Dakota Parenting Guidelines
Enforcement.
These Guidelines are required to be served with the Summons and Complaint in a divorce, paternity action or any other custody action or proceeding. See https://ujslawhelp.sd.gov/onlineforms.aspx under divorce or paternity actions for instructions on how to initiate an action (service of summons).
If the parents are able to agree to a schedule other than the guidelines, these Guidelines should be used as a minimum direction in creating the parenting time plan. Parents should agree to parenting times that they find reasonable and in the best interest of their children and the Parenting Guidelines are not intended to prevent such agreements.
If the parents are unable to agree on a parenting plan, these Guidelines become mandatory as the parenting plan and are enforceable as a court order upon initiation of a divorce or court action involving custody. SDCL 25-4A-11. If you disagree with the use of these Guidelines as your parenting time plan, either parent has the right to object. Your written objection shall be filed with the Clerk. After it is filed, a hearing will be held and the Judge will determine your parenting time schedule. Instructions and this objection form can be found at https://ujslawhelp.sd.gov/defendants.aspx.
Instructions and forms regarding enforcement can be found at https://ujslawhelp.sd.gov/enforcement.aspx.
Guideline 1. For Parents Who Have Children Under Age 5.
1.1. Children Under Age 5 Generally.
? Newborns (birth to 3 months) and infants (3 – 6 months) have a great need for continuous contact with their primary caregiver, but also frequent contact with both parents who provide a sense of security, nurturing and predictability.
? Generally, overnights for very young children is not recommended unless the parents are both very closely attached to the children, are able to personally provide primary care, the children are adaptable, and the parents are cooperative.
? Older children are able to tolerate more and longer separations from one parent or the other.
The following Guidelines for children under age 5 are designed to take into account childhood developmental milestones. Since children mature at different rates, these may need to be adjusted to fit the children’s individual circumstances.
1.2. Birth until 3 Months. Three, 2-hour parenting time periods per week and one weekend parenting time period for 6 hours. In situations where both parents have been engaged in an ongoing caregiving routine with a nursing child, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the child and maintain stability for the child. If applicable, breastfeeding shall be accommodated, but the parents must cooperate in working out alternatives. See 1.8 below.
1.3. 3 – 6 Months. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting plans are recommended:
(1) Three, 3-hour custodial periods per week and one weekend day for 6 hours. If applicable, breast feeding shall be accommodated but the parents must cooperate in working out alternatives; or
(2) Three, 3-hour custodial periods per week and one overnight on a weekend not to exceed 18 hours, if the parent is capable of personally providing primary care. See exceptions in Section 1.8 below; or
(3) In situations where both parents have been engaged in an ongoing caregiving routine with a child, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children.
1.4. 6 – 12 Months. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting times are recommended:
(1) Three, 4-hour parenting time periods per week and one weekend day for 6 hours; or
(2) Three, 4-hour parenting time periods per week and one overnight on a weekend not to exceed 18 hours, if the child is not breastfeeding and the parent is capable of personally providing primary care; or
(3) Children spend time in alternate homes, but spends significantly more time in one parent’s home and no more than 1-2 overnights spaced regularly throughout the week at the other parent’s home; or
(4) In situations where both parents have been engaged in an ongoing caregiving routine with a child, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children.
1.5. 12 – 36 Months. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting times are recommended:
(1) Three, 8-hour parenting time periods per week on a predictable schedule; or
(2) Three, 8-hour parenting time periods per week on a predictable schedule and one overnight per week not to exceed 18 hours; or
(3) Children spends time in alternate homes, but with significantly more time in one parent’s home with 1-2 overnights spaced regularly throughout the week. This arrangement requires adaptable children; or
(4) In situations where both parents have been engaged in an ongoing caregiving routine with the children (nursing or otherwise), overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children.
1.6. 3 Years – 5 Years. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting times are recommended:
(1) One overnight parenting time period not to exceed 24 hours and two additional 8-hour parenting time periods each week, separate from the overnight, with the children returning to the other parent’s home at least 1 hour before bedtime; or
(2) Two to three overnights at one home, spaced throughout the week, the remaining time at the other parent’s home. This arrangement requires adaptable children; or
(3) In situations where both parents have been engaged in an ongoing caregiving routine with the children, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children.
If the parents cannot agree on which provision shall apply in sections 1.2 through 1.6, the parties shall use option 1 until further order of the court. Absent special circumstances as determined by the court, parenting time shall not decrease from one age category to the next.
1.7. Children in Day Care. In families where children are in day care before and/or after parental separation, the children may be able to tolerate more time with each parent earlier than their specific age group indicates above because the children are accustomed to separations from both parents.
1.8. Breastfeeding Children. – Parents must be sensitive to the special needs of breastfeeding children. Children’s basic sleeping, feeding, and waking cycles should be maintained to limit disruption in the children’s routine. Forcibly changing these routines due to the upheaval of parental disagreement is detrimental to the physical health and emotional well-being of the children. On the other hand, it is important that the children be able to bond with both parents.
1.For children being exclusively breastfed, the nursing child can still have frequent parenting time with the other parent. The amount of time will be guided by/subject to the infant’s feeding schedule, progressing to more time as the child grows older. Both parents should be mindful that a feeding may occur, and the child may return to time with the other parent after the feeding.
2.Where both parents have been engaged in an ongoing caregiving routine with a nursing child, the same caregiving arrangement should be continued as much as possible to maintain stability for the children.
3.If the other parent has been caring for the children overnight or for twenty-four hour periods while the nursing mother sleeps or works, that arrangement should/shall continue.
4.A mother may not use breastfeeding to deprive the other parent of time with the children. If, for example, a nursing mother uses day care or a babysitter for the children, the same accommodations (i.e., bottle feeding with breast milk or formula, or increased time between breast feeding sessions) used with the day care provider or babysitter will be used with the other parent, if the other parent is capable of personally providing the same caregiving.
1.9. Holidays. For children aged 0-5 years, when the parents live and/or celebrate the holiday in the same or a nearby community, the parents shall alternate the following holidays in the chart below. Prior to a child’s 5th birthday, holiday parenting time shall not exceed the longest period of parenting time currently being exercised and shall be scheduled by the parent exercising holiday time. If the parents cannot otherwise agree, the holiday time shall be exercised within the time frames provided in the chart below not to exceed the longest period of parenting time currently being exercised. It is recommended that the parents communicate two weeks in advance about who is exercising what time period for the holidays set forth below. Parenting time, however, shall not be withheld solely for failure to abide by this two-week recommendation.
Holiday | Details | Even-Numbered Years | Odd-Numbered Years |
Martin Luther King, Jr. Day weekend | 5:00 p.m. Friday – 8:00 a.m. Tuesday | Parent 2 | Parent 1 |
President’s Day weekend | 5:00 p.m. Friday – 8:00 a.m. Tuesday | Parent 1 | Parent 2 |
Easter weekend | 8:00 a.m. Friday – 8:00 a.m. Monday | Parent 2 | Parent 1 |
Mother’s Day | 8:00 a.m. – 8:00 a.m. the following day | Parent 1 | Parent 1 |
Memorial Day | 5:00 p.m. Friday – 8:00 a.m. Tuesday | Parent 2 | Parent 1 |
Juneteenth (6/19) | 8:00 a.m. – 8:00 a.m. the following day | Parent 1 | Parent 2 |
Father’s Day | 8:00 a.m. – 8:00 a.m. the following day | Parent 2 | Parent 2 |
4th of July | 5:00 p.m. July 3rd – 5:00 p.m. July 5th | Parent 1 | Parent 2 |
Labor Day | 5:00 p.m. Friday – 8:00 a.m. Tuesday | Parent 1 | Parent 2 |
Native American Day | 5:00 p.m. Friday – 8:00 a.m. Tuesday | Parent 2 | Parent 1 |
Halloween | 3:00 p.m. – 8:00 p.m. | Parent 1 | Parent 2 |
Thanksgiving | 8:00 a.m. Thursday – 5:00 p.m. Sunday | Parent 2 | Parent 1 |
Christmas Eve | 8:00 a.m. Christmas Eve – 8:00 a.m. Christmas Day | Parent 2 | Parent 1 |
Christmas Day | 8:00 a.m. Christmas Day – 8:00 a.m. December 26th | Parent 1 | Parent 2 |
Child’s Birthday | Ages 0-3 = 4 hours Ages 3-5 = 8 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before) | Parent 2 | Parent 1 |
Parent 2’s Birthday | Ages 0-3 = 4 hours Ages 3-5 = 8 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before) | Parent 2 | Parent 2 |
Parent 1’s Birthday | Ages 0-3 = 4 hours Ages 3-5 = 8 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before) | Parent 1 | Parent 1 |
1.10. Vacation With Children 3 – 5 Years Old. Upon 30 days advance written notice (by mail, email or text message), each parent is entitled to two separate periods of uninterrupted time for up to 5 days each with their children each year, not to conflict with the other parent’s holiday parenting time. Parents are encouraged to coordinate vacation plans. The parents shall consider extending the 5 day time periods to 7 days if the children are adaptable and accustomed to spending time with both parents.
1.11. Long-Distance Parenting. When substantial distance between the parents exists, the ability to exercise these Guidelines is compromised. The parents will need to create a developmentally appropriate parenting plan for their unique situation. When parenting time is unable to be frequent, parents are encouraged to use video/audio contact to build and/or maintain the bond between the children and parent who lives afar.
Guideline 2. For Parents Who Have Children Age 5 and Older And Reside No More Than 200 Miles Apart.
2.1. Weekends. In most cases, it is a positive experience for the children to have both parents involved in taking the children to and from school. Parenting time shall consist of alternate weekends starting Friday upon the release of school or 3:15 p.m., whichever is applicable, and continuing until the return to school Monday or 8:00 a.m., whichever is applicable. Parenting time shall be an equivalent period of time if a parent is unavailable on weekends and the children do not miss school.
2.2. Mid-Week. If time and distance allow, parenting time shall include one mid-week overnight every week, in addition to the weekends in 2.1 above, with the children. If the parents cannot otherwise agree, this mid-week time shall be on Wednesdays and shall start when the children are released from school or at 3:15 p.m., whichever is applicable, and concludes when the children are returned to school the next day or at 8:00 a.m., whichever is applicable. All transportation for the midweek parenting time is the responsibility of the parent exercising the parenting time.
2.3. Summer Break. The children shall be with each parent for one-half of the school summer break. Summer break begins the day after school is released and ends the day before school commences. The parent with whom the children reside the majority of the time during the school year has priority to have the children the week before school resumes, which counts as part of that parent’s summer break. At the option of the other parent, his/her parenting time during summer break may be consecutive or it may be split into 2 or more blocks of time. This parent shall provide a minimum of 30 days advance notice of the dates selected.
If the children go to summer school and it is impossible for a parent to schedule time other than during summer school, the parent may elect to take the time when the children are in summer school and transport the children to the summer school sessions at the children’s school or an equivalent summer school session in that parent’s community.
The parent with whom the children reside for the majority of the school year shall have the weekend before the beginning and the weekend after the end of the other parent’s summer period, regardless of whose weekend it may be. This weekend time will not be made up.
During any summer vacation parenting times of three or more consecutive weeks, the parent exercising parenting time shall arrange for a mutually convenient 48-hour continuous period of time for the other parent to spend with the children.
2.4. Holidays. The following chart shows the allocation of the holidays between parents. School breaks and release times may be different from school to school and district to district. The school calendar is published on your children’s school’s website before each school year starts. It is important to know these dates / times as they pertain to your children.
Holiday / Special Event | Details / Times | Even-Numbered Years | Odd-Numbered Years |
Martin Luther King Jr. Day weekend | Starts when school is released on Friday or 3:15 p.m., whichever is applicable and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. | Parent 2 | Parent 1 |
President’s Day weekend | Starts when school is released on Friday or 3:15 p.m., whichever is applicable and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. | Parent 1 | Parent 2 |
Easter weekend | Starts when school is released for the holiday weekend and ends at 8:00 a.m. on the day school recommences after the holiday weekend. | Parent 2 | Parent 1 |
Spring Break, if one is designated separately from Easter | Starts when school is released for Spring Break and ends at 8:00 a.m. on the day school begins after the break. If a spring break is not granted by the school, this provision would not apply. Also, if the spring break is combined with Easter, this provision would not apply. | Parent 1 | Parent 2 |
Mother’s Day | Starts at 8:00 a.m. on Mother’s Day and ends at 8:00 a.m. on Monday; one overnight. | Parent 1 | Parent 1 |
Memorial Day weekend | Starts when school is released on Friday or 3:15 p.m., whichever is applicable, and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. | Parent 2 | Parent 1 |
Juneteenth | Starts at 8:00 a.m. on 6/19 and ends at 8:00 a.m. on 6/20 | Parent 1 | Parent 2 |
Father’s Day | Starts at 8:00 a.m. on Father’s Day and ends at 8:00 a.m. on Monday; one overnight. | Parent 2 | Parent 2 |
4th of July | Begins July 3 at 5:00 p.m. and ends July 5 at 5:00 p.m. | Parent 1 | Parent 2 |
Labor Day weekend | Starts when school is released on Friday or 3:15 p.m., whichever is applicable, and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. | Parent 1 | Parent 2 |
Native American Day weekend | Starts when school is released on Friday or 3:15 p.m., whichever is applicable, and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. | Parent 2 | Parent 1 |
Halloween | Starts on 10/31 when school releases for the day or 3:15 p.m., whichever is applicable, and concludes on 11/01 when school resumes or at 8:00 a.m., whichever is applicable. | Parent 1 | Parent 2 |
Thanksgiving weekend | Starts when school releases on Wednesday or 3:15 p.m., whichever is applicable, and ends Monday at 8:00 a.m. | Parent 2 | Parent 1 |
Christmas Eve | Starts on 12/23 at 8:00 a.m. and concludes on 12/25 at 8:00 a.m. | Parent 2 | Parent 1 |
Christmas Day | Starts on 12/25 at 8:00 a.m. and concludes on 12/27 at 8:00 a.m. | Parent 1 | Parent 2 |
1st half of winter break | The winter break starts when the day the children are released from school for the break and continues to the morning of the day the children return to school. The 48-hour parenting times for each Christmas Eve and Christmas Day are not included in the division of the winter break. | Parent 1 | Parent 2 |
2nd half of winter break, including New Year’s holiday | The winter break starts when the day the children are released from school for the break and continues to the morning of the day the children return to school. The 48-hour parenting times for each Christmas Eve and Christmas Day are not included in the division of the winter break. | Parent 2 | Parent 1 |
Children’s Birthdays | Starts 8:00 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before); parenting time shall be with all of the children not just the one who has the birthday. | Parent 2 | Parent 1 |
Parent 2’s Birthday | Starts 8:00 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before). | Parent 2 | Parent 2 |
Parent 1’s Birthday | Starts 8:00 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before). | Parent 1 | Parent 1 |
2.5. Conflicts Between Regular and Holiday Weekends. When there is a conflict between a holiday weekend and the regularly scheduled weekend time, the holiday takes precedence. Unless mutually agreed in writing, there will be no makeup parenting time in conflicts between holiday weekend and the regularly scheduled weekend time. This may result in one parent having the children for three weekends in a row; however, neither parent shall have the children for more than 3 weekends in a row.
2.6. Parent’s Vacation with Children Age 5 and Older. Each parent is entitled to a vacation with the children totaling up to 14 days, with 7 days being the most that may be exercised at one time. When possible, each parent shall provide the other with 30 days advance notice of their intent to utilize their vacation time. Parents are encouraged to coordinate vacation plans. In the event there is a dispute, the mother gets priority in choosing her vacation periods first in even-numbered years and the father gets priority in choosing his vacation periods first in odd-numbered years.
2.8. Precedence. The allocation of holidays listed in the above chart shall take precedence over vacations. In other words, a parent cannot exercise their vacation with the children when it is the other parent’s holiday. But vacations shall take precedence over the regular parenting time schedule.
2.9. Notice of Canceled Time With the Children. Whenever possible, each parent shall give a minimum of three days’ notice of intent not to exercise all or part of the scheduled time with the children. When such notice is not reasonably possible, the maximum notice permitted by the circumstances, and the explanation, shall be provided to the other parent.
2.10. Pick Up and Return of Children. When the parents live in the same area/community, the responsibility for picking up and returning the children shall be shared. The parent who receives the children for his/her parenting time will pick the children up from the other parent. Both parents have an obligation to be punctual and to arrive at the agreed upon time, not substantially earlier or later. Repeated, unjustified violations of this provision may subject the offender to court sanctions.
Guideline 3. For Parents Who Have Children Age 5 and Older and Reside More Than 200 Miles Apart.
3.1. Holidays. Parents who reside more than 200 miles apart shall exercise the following holidays as follows:
Holiday | Details | Even-Numbered Years | Odd-Numbered Years |
Easter weekend | Starts when school is released for the holiday weekend and ends at 8:00 a.m. on the day school recommences after the holiday weekend. | Parent 2 | Parent 1 |
Spring Break, if one is designated separately from Easter | Starts when school is released for Spring Break and ends at 8:00 a.m. on the day school begins after the break. If a spring break is not granted by the school, this provision would not apply. Also, if the spring break is combined with Easter, this provision would not apply. | Parent 1 | Parent 2 |
Thanksgiving | Starts when school releases on Wednesday or 3:15 p.m., whichever is applicable, and ends Monday at 8:00 a.m. | Parent 2 | Parent 1 |
Winter Break | The winter break starts when the day the children are released from school for the break and continues to the morning of the day the children return to school. | Parent 1 | Parent 2 |
3.2. Summer Break. The parent with whom the children do not reside during the school year shall have the children for the children’s summer break as follows: summer break begins 3 days after school is released and ends 7 days before school recommences. This allows 10 days of parenting time during the summer with the parent with whom the children reside during the school year. Additionally, the parent with whom the children reside during the school year shall be entitled to exercise a 48 hour period of parenting time with the children every three weeks during the summer break; to be exercised at the sole expense of the parent with whom the children reside during the school year.
3.3. Priority of Summer Time With Parent. Parenting time in the summer with the parent who lives more than 200 miles away takes precedence over summer activities (such as sports) when the parent’s time cannot be reasonably scheduled around such events. Even so, the conscientious parent will often be able to enroll the children in a similar activity in the parent’s community. When each child reaches an age and maturity where activities are very important to them, the parents should reach an agreement that works best for the child.
3.4. Notice. At least sixty (60) days’ notice (recommended to be by mail, email, or text message) shall be given by the parent who lives more than 200 miles away from the children of the date for commencing extended summer parenting time with the children so that the most efficient means of transportation may be obtained and the parents and the children may arrange their schedules. Failure to give the precise number of days’ notice does not entitle the parent with primary residence of the children the right to deny the other parent parenting time with the children.
3.5. Additional Time With the Parent Who Lives More Than 200 Miles Away. The parent who resides more than 200 miles away from the children shall have the following parenting time:
?If the parent who lives more than 200 miles away wants to travel, at his/her sole expense, to visit with his/her children, this parenting time shall be accommodated for a reasonable time period of no less than 48 hours. However, this is not intended to be exercised more than every other weekend;
?Where distance and finances permit, additional parenting time for the parent residing more than 200 miles away from the children, such as holiday weekends or special events, is encouraged. Parents are encouraged to reference the holiday schedules set forth in Section 2.4 when determining the allocation and duration of other holidays; and
?When the parent who lives 200 miles away is in the area where the children reside, or the children are in the area where this parent resides, liberal time with the children based on the circumstances must be allowed. Circumstances will vary and may only allow for a quick visit or may allow for overnight parenting time.
The children may miss some school to spend time with the parent who lives 200 miles away, so long as it does not substantially impair the children’s academic progress. However, additional time with the parent who lives more than 200 miles away from the child shall not interfere with the alternating holiday schedule set forth in Section 3.1 herein.
Parents are encouraged to communicate with each other and cooperate in creating additional parenting times for the children. If the additional parenting time exceeds 4 hours, the parent who lives more than 200 miles away shall provide as much advance notice as possible, preferably 30 days. Failure to provide notice shall not be the sole reason for denial of additional parenting time.
Guideline 4. General Rules Applicable to All Parents
4.1. Rules of Conduct. A parent shall always avoid speaking negatively about the other parent and must firmly discourage such conduct by relatives or friends. Each parent should speak in positive terms about the other parent in the presence of the children. Each parent shall encourage the children to respect the other parent. Children should never be used by one parent to spy or report on the other parent.
4.2. Relatives. Children will usually benefit from continued contact with all relatives on both sides of the family. Such relationships should be protected and encouraged. But relatives, like parents, need to avoid being critical of either parent in front of the children. Parents should have their children maintain ties with both the maternal and paternal relatives. Usually the children will visit the paternal relatives during times when the children are with their father and the maternal relatives during times when they are with their mother. This may include allowing the children to spend time with these relatives even when the parent is not present.
4.3. Relocation. Relocation is governed by South Dakota state law. See SDCL 25-4A-17. Instructions and forms on how to comply with the requirements surrounding relocation, as well as how to object to a parent’s notice of relocation, can be found at www.ujslawhelp.sd.gov.
4.4. Communication between Parents. Parents must always keep each other advised of their home and work addresses and telephone numbers. Whenever possible and unless otherwise stated herein, all communication concerning the children must be conducted directly between the parents (i.e., in person, by telephone, email, text message, communication notebook, a designated third party or co-parenting tool). Absent an emergency, communication should not occur at a parent’s place of employment.
4.5. School and Medical Information. Both parents shall keep the other parent informed with the name, address and telephone number of the school where each of their children attends and each parent is authorized to communicate concerning the children directly with the school and with the children’s doctors and other professionals, outside the presence of the other parent. Each parent has an obligation to contact the school to ensure receipt of class schedules, school report cards, notices, etc. so that they can remain involved with their children’s education. Both parents shall be listed as a parent and emergency contact on all of the children’s records, forms, registrations, etc. Attendance at academic or disciplinary meetings pertaining to the minor children shall be limited to the parents and the respective school professional(s). Others may not attend such meetings without advance mutual parental agreement or court order.
Each parent shall immediately notify the other parent of any medical emergencies or serious illnesses of the children. Access to records and information pertaining to minor children, including, but not limited to, medical, dental, therapy, counseling, orthodontia and similar health care and school records must be made equally available to both parents. The parents must make reasonable efforts to ensure that the name and address of the other parent is listed on all such records. If children are taking medications, both parents shall have access to a sufficient amount for their parenting time as well as the instructions.
The parent who has medical insurance coverage on the children shall supply to the other parent an insurance card or copy thereof and, as applicable, insurance forms and a list of insurer-approved or HMO-qualified health care providers in the area where the other parent is residing. Except in emergencies, the parent taking the children to a doctor, dentist or other provider not so approved or qualified may be required to pay the additional cost for that provider. However, when there is a change in insurance, which requires a change in medical care providers and a child has a chronic illness, thoughtful consideration shall be given by the parents to what is more important, i.e., allowing the child to remain with the original provider or the economic consequences of changing carriers. When there is an obligation to pay medical expenses, the parent responsible for paying shall be promptly furnished with the bill, and where applicable, the explanation of benefits, by the other parent. The parents shall cooperate in submitting bills to the appropriate insurance carrier. Thereafter, the parent responsible for paying the balance of the bill shall make arrangements unless previously paid by the other parent. Insurance refunds shall be promptly turned over to the parent who paid the bill for which the refund was received.
4.6. Extracurricular Activities. Both parents shall consult the other parent prior to enrolling the children in any event that may affect the other parent’s parenting time. Both parents shall be listed as a parent and emergency contact on all of the children’s records, forms, registrations, etc. Both parents shall be provided access to the name of the coach, director, and organization providing the activity for each child along with their contact information. Both parents shall have the obligation to contact the activity director to ensure receipt of information such as practice schedules, games, parental participation, etc.
4.7. Clothing. In situations where the children reside primarily with one parent, that parent shall send an appropriate supply of children’s clothing with the children for the other parent’s parenting time. At the conclusion of his/her parenting time, this clothing shall be returned clean (when reasonably possible). Parents must advise, as far in advance as possible, of any special activities so that appropriate clothing for the children may be sent. It is recommended that both parents have some basic clothing available in their home to ensure that all of the children’s basic needs are met.
4.8. Withholding Support or Time with the Children. Neither time with the children nor child support is to be withheld because of either parent’s failure to comply with a court order. Only the court may enter sanctions for non-compliance. Children generally have a right both to support and, time with both parents, neither of which is dependent upon the other. In other words, if the parent ordered to pay child support fails to do so, he/she is still entitled to their parenting time. Likewise, if one parent denies the other parent parenting time, child support payments must still be made.
Forms and instructions on how to enforce your parenting time can be found on the South Dakota Legal Self-Help Center at https://ujslawhelp.sd.gov/onlineforms.aspx.
4.9. Adjustments in Parenting Plan. Parents are expected to fairly modify the parenting plan as family necessities, illnesses, weather or commitments reasonably so require. The parents must work together in good faith to get any missed parenting time rescheduled to occur within a reasonable period of time, usually within 30 days. When possible, each parent must timely advise the other when scheduled parenting time with the children cannot be exercised.
4.10. Children of Different Ages. It usually makes sense for all the children to share the same schedule of parenting time. Having brothers or sisters along can be an important support for children. Because it is intended that parenting time with the children be a shared experience between siblings and, unless these Guidelines or a court order provides otherwise, all the children shall enjoy parenting time together. Parents shall consider the children’s best interests when scheduling parenting time especially for newborns and infants who may have developmental needs that may prevent them from immediately experiencing the same schedule as their older siblings. Additionally, older teenagers’ special needs for peer involvement and for some control of their own lives may place them on different schedules from their younger brothers and sisters.
4.11. Communication with Children. Unless prohibited by a court order, either parent may mail, call, text, email, FaceTime or skype (or use similar technology) to communicate with the children at reasonable times and with reasonable frequency during those periods the children are with the other parent. The children may, of course, mail, call, text, email, FaceTime or skype (or use similar technology) to communicate with either parent, at reasonable hours or with reasonable frequency.
1.Parents are cautioned that communication between the parent and the children should not be so excessive as to interfere with the other parent’s time, nor used to undermine the other parent’s authority.
2.During long vacations, the parent with whom the children are on vacation is required to make the children available for telephone calls with the other parent at least every three days.
3.At all other times, the parent the children are with must not refuse to answer the other parents telephone calls or turn off their telephone in order to deny the other parent telephone contact.
4.If a parent uses an answering machine or cell phone voicemail, messages left should be returned to that person as soon as possible.
5.Parents should agree on a specified time for calls to the children so that the children will be made available no less than three days a week.
6.Either parent may provide the children with a cell phone subject to each parent’s ability to set restrictions in their home. A parent shall not prohibit contact between the children and the other parent; nor shall they impede the children’s ability to contact the other parent during reasonable times and at a reasonable frequency.
7.Communication between a parent and the children must not be censored, recorded, or monitored, absent a court order.
8.Each parent shall have an unrestricted right to send cards, letters and/or packages to their children. The children shall also have the same right to receive and send items to their parents.
4.12. Social Media. Each parent shall have full access to monitor the social media accounts of the children, but neither shall open or read communications between the children and the other parent.
4.13. Privacy of Residence. A parent shall not enter the residence of the other parent except by express invitation, regardless of whether a parent retains a property interest in the residence. Unless otherwise indicated herein, the children shall be picked up and returned to the front entrance of the other parent’s residence. The parent dropping off the children shall not leave until the children are safely inside the other parent’s residence. Parents must refrain from surprise visits to the other parent’s home.
4.14. Refusal / Hesitation by Children. Parents should always encourage the children to attend parenting time with the other parent absent circumstances outlined in the “Scope of Application” provision on page 3. Parents shall not deny parenting time with the other parent solely based on the refusal of the children.
4.15. Special Considerations for Adolescents. While children never get to choose where they live, the parents should honestly and fairly consider their teenager’s wishes regarding time with a parent. Neither parent shall attempt to influence their teenager’s wishes on parenting time. Teenagers should explain the reason for their wishes directly to the affected parent, without intervention by the other parent.
4.16. Daycare Providers. When parents reside in the same community, they should use the same day care provider. To the extent feasible, the parents should rely on each other to care for the children when the other parent is unavailable.
4.17. Parents in the Armed Services. When one or both parents are serving in the military, it is important to create a parenting time schedule that focuses on sharing the children when the parents live close to each other and allowing for temporary duty assignment (TDY) possibilities. Military families should also consider what parenting time would look like if TDY’s or overseas commitments were engaged requiring one parent to live more than 200 miles from the children. The residential parent shall support the children’s relationship with the other parent by having a consistent plan of communication with the military parent.
Legal Notice.
These Guidelines do not provide legal opinions or legal advice and are not intended to serve as a substitute for the advice of licensed, legal professionals.
Laws and interpretations of laws change frequently, and the material contained in these Guidelines have important legal consequences. In using these Guidelines, parents are responsible for determining the applicability of any information contained in this document to their situation and are strongly encouraged to seek professional legal and other expert assistance in resolving their parenting time issues. Parents will often benefit from getting advice from mediators, counselors, therapists, parenting coordinators and lawyers to help them make a parenting time schedule.
Definitions.
Any custody proceeding involving children is going to involve a determination of both legal and physical custody.
“Legal Custody” refers to the legal authority to make major decisions for your children. There are 2 options when it comes to legal custody:
Joint Legal Custody – “[B]oth parents retain full parental rights and responsibilities with respect to their child[ren] and so that both parents must confer on, and participate in, major decisions affecting the welfare of the child[ren].” See SDCL 25-5-7.1.
Sole Legal Custody – one parent shall have the right and responsibility to make the decisions related to health, education and welfare of the children.
“Physical Custody” refers to how parenting time is divided between 2 parties. Parents may agree on the amount of time the children spend with each parent. If parents do not agree, the parenting time schedule set forth herein shall remain in place until a court orders otherwise.
Shared Parenting.
These Guidelines do not address shared parenting, which is defined as “a detailed shared parenting plan which provides that the children will reside no less than 180 nights per calendar year in each parent’s home and that the parents will share the duties and responsibilities of parenting the children and the expenses of the children in proportion to their incomes[.]” SDCL 25-7-6.27. If you are interested in this arrangement, you are strongly encouraged to consult with an attorney of your choosing. More information and sample schedules can be found at https://ujslawhelp.sd.gov/.
Scope of Application.
General. These Guidelines are applicable to all custody situations, including divorces with minor children, paternity actions and cases involving joint legal custody where one parent has primary physical custody. These Guidelines are not applicable to situations where the court reasonably believes the children’s physical health or safety is in danger or the children’s emotional development could be significantly impaired. These situations may include, but are not limited to, the following:
- Family Violence (physical, verbal or otherwise);
- Substance Abuse;
- Mental Illness of Parent or Child;
- Risk of Flight with Children;
- Long Interruption of Contact Between Parent and Children;
- A Parent’s New Relationship;
- Religious & Cultural Holidays; or
- An Incarcerated Parent.
In such cases one or both parents may have legal, psychological, substance abuse or emotional problems that may need to be addressed before these Guidelines can be used. The type of help that is needed in such cases is beyond the scope of these Guidelines.
A parent who believes one or more of the above situations exists should file an Objection to the Implementation of the South Dakota Parenting Guidelines (UJS Form 372). This form can be found at https://ujslawhelp.sd.gov/defendants.aspx. The opposing parent should also file a response to this Objection and should appear at the hearing.
Existing Parenting Time Orders. Existing parenting time orders on the date of adoption of these revised Guidelines shall be enforced according to the parenting time guidelines that were in effect on the date the parenting time order was issued. Changes to the South Dakota Parenting Time Guidelines do not alone constitute good cause for modifying an existing parenting time order; however, a court or parties to a proceeding may refer to these Guidelines in requesting changes to their parenting time order after the effective date of the Guidelines.
Protection Orders. If a protection order has been established regarding the minor children, that order would prevail over these Guidelines, until a court specifically orders otherwise. If an active protection order prohibits contact between the parents or between one parent and the children, parents are cautioned that the parent who is the subject of the protection order will violate the order if he/she has contact with the other parent and makes agreements as suggested in these Guidelines without permission for contact from the court that issued the protection order.
Additional Resources
There are several resources available to parents who need help in creating, enforcing or improving their parenting plan. Visit https://ujslawhelp.sd.gov/ (under the “Parenting” tab) for additional information on mediators, parenting coordinators, co-parenting tools and counseling options.
Additional tips that parents should consider in order to keep the children the focus of the parenting time arrangements can be found in Appendix A.
Source: SL 2004, ch 313 (Supreme Court Rule 02-07), eff. July 1, 2002; SL 2013, ch 261, (Supreme Court Rule 12-10), eff. Apr. 18, 2012.Source: SL 2004, ch 313 (Supreme Court Rule 02-07), eff. July 1, 2002; SL 2013, ch 261, (Supreme Court Rule 12-10), eff. Apr. 18, 2012.Source: SL 2004, ch 313 (Supreme Court Rule 02-07), eff. July 1, 2002; SL 2013, ch 261, (Supreme Court Rule 12-10), eff. Apr. 18, 2012.Source: SL 2004, ch 313 (Supreme Court Rule 02-07), eff. July 1, 2002; SL 2013, ch 261, (Supreme Court Rule 12-10), eff. Apr. 18, 2012.Source: SL 2004, ch 313 (Supreme Court Rule 02-07), eff. July 1, 2002; SL 2013, ch 261, (Supreme Court Rule 12-10), eff. Apr. 18, 2012.Source: SL 2013, ch 261, (Supreme Court Rule 12-10), eff. Apr. 18, 2012; SL 2020, ch 251 (Supreme Court Rule 20-03), eff. Jul. 1, 2020; SL 2022, ch 263 (Supreme Court Rule 22-10), eff. Jul. 1, 2022.
25-4B-101
Short title.
25-4B-102
Definitions.
25-4B-103
Remedies for noncompliance.
25-4B-104
Jurisdiction.
25-4B-105
Notification required of deploying parent.
25-4B-106
Duty to notify of change of address.
25-4B-107
General consideration in custody proceeding of parent's military service.
25-4B-201 Form of agreement.
25-4B-202 Nature of authority created by agreement.
25-4B-203 Modification of agreement.
25-4B-204 Power of attorney.
25-4B-205 Filing agreement or power of attorney with court.
25-4B-301 Close and substantial relationship defined.
25-4B-302 Proceeding for temporary custody order.
25-4B-303 Expedited hearing.
25-4B-304 Testimony by electronic means.
25-4B-305 Effect of prior judicial order or agreement.
25-4B-306 Grant of caretaking or decision-making authority to nonparent.
25-4B-307 Grant of limited contact.
25-4B-308 Nature of authority created by temporary custody order.
25-4B-309 Content of temporary custody order.
25-4B-310 Order for child support.
25-4B-311 Modifying or terminating grant of custodial responsibility to nonparent.
25-4B-401 Procedure for terminating temporary grant of custodial responsibility established by agreement.
25-4B-402 Consent procedure for terminating temporary grant of custodial responsibility established by court order.
25-4B-403 Visitation before termination of temporary grant of custodial responsibility.
25-4B-404 Termination by operation of law of temporary grant of custodial responsibility established by court order.
25-4B-501 Uniformity of application and construction.
25-4B-502 Relation to Electronic Signatures in Global and National Commerce Act.
25-4B-503 Savings clause.
CHAPTER 25-5
PARENT AND CHILD
25-5-1 25-5-1, 25-5-2. Repealed by SL 1991, ch 210, §§ 1, 2
25-5-3 Presumption of parentage.
25-5-4 25-5-4, 25-5-5. Repealed by SL 1991, ch 210, §§ 4, 5
25-5-6 Parental control of child's property.
25-5-7 Parents equally entitled to custody and earnings of child born in wedlock.
25-5-7.1 Joint legal custody order--Factors for court's consideration--Joint physical custody.
25-5-7.2 Residential parent to make routine decisions concerning child.
25-5-7.3 Parents to have equal access to records pertaining to child--Name and address of both parents to be listed.
25-5-7.4 Written applications to enroll child in activity or program to provide name and address of other parent.
25-5-7.5 Access to records and application requirements not applicable to certain parents.
25-5-7.6 Parent sharing custody to foster other parent's relationship with child.
25-5-8 Father's rights not superior to mother's while separated.
25-5-9 Habeas corpus to award child custody when parents separated without divorce--Rules of law governing.
25-5-10 Custody and earnings of children born out of wedlock.
25-5-10.1 Best interest of child not presumed--Change of custody.
25-5-11 Wages of minor payable to minor or conservator.
25-5-12 Relinquishment of child control and earnings--Abandonment by parent.
25-5-13 Residence of child--Right to change--Procedure.
25-5-14 Parent and child not answerable for act of other.
25-5-15 Parental liability for willful acts of child--Limitation of recovery--Motor vehicle cases excepted--Specific findings in disputed cases.
25-5-16 Judicial cognizance of parental abuses--Freeing child from parental dominion.
25-5-17 25-5-17, 25-5-18. Repealed by SL 1991, ch 211, §§ 7, 8
25-5-18.1 Parental duty to support child.
25-5-18.2 Parental duty to support certain grandchildren.
25-5-19 Emancipation by express agreement--Approval of circuit court.
25-5-20 25-5-20. Repealed by SL 1991, ch 211, § 10
25-5-21 Duty of emancipated child to parent.
25-5-22 25-5-22. Repealed by SL 1991, ch 211, § 11
25-5-23 Foster parents' liability to foster children.
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.
25-5-24 Emancipated minor defined.
25-5-25 Age of majority for certain purposes--Parent or guardian liability.
25-5-26 Petition for emancipation--Procedure.
25-5-27 Rescission of declaration of emancipation.
25-5-28 Declaration obtained by fraud voidable--Proceedings.
25-5-29 Person other than parent permitted to seek custody of child--Parent's presumptive right to custody--Rebuttal.
25-5-30 Circumstances suggesting serious detriment to child.
25-5-31 No right created on behalf of stepparent.
25-5-32 Parental rights need not be terminated if custody awarded to person other than parent.
25-5-33 Child support, parent's duty to provide for child when custody awarded to person other than parent.
25-5-34 Applicability of §§ 25-5-29 to 25-5-34.
25-5-35 Breastfeeding permitted in certain locations.
25-5A-1
Definition of terms.
25-5A-2
Purposes of termination procedure.
25-5A-3
Parent entitled to petition for termination.
25-5A-4
Waiting period for filing petition.
25-5A-5
Circuit court jurisdiction--Venue.
25-5A-6
Verified petition--Contents.
25-5A-7
Consent not invalidated by minority.
25-5A-7.1
Transferred.
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-7.3
Rules and regulations adopted by department for securing medical and social history.
25-5A-7.4
Violation of medical and social history provisions as misdemeanor involving moral
turpitude.
25-5A-8
Hearing procedure.
25-5A-9
Time and place of hearing--Notice.
25-5A-10
Repealed.
25-5A-11
Service of notice in person or by publication--Time of service.
25-5A-12
Service by publication and mail.
25-5A-13
Private hearings--Opening to public.
25-5A-14
Personal presence of parent required--Appearance by telephone--Power of attorney--Indian Child Welfare Act.
25-5A-15
Hearings informal--Best interest of child.
25-5A-16
Determination that petitioners know consequences.
25-5A-17
Record of proceedings.
25-5A-18
Order terminating parental rights--Consent to adoption--Child support arrearages.
25-5A-19
Order conclusive--Appeal to supreme court.
25-5A-20
Records confidential.
25-5A-21
Remedy cumulative.
25-5A-22
Counseling before termination of parental rights.
25-5A-23
Scope of counseling.
25-5A-24
Written report of counseling--Copy to Department of Social Services.
25-5A-25
Failure to receive counseling.
25-5A-26
Termination of parental rights--Validated--Limitation on claims.
25-5A-27
Voluntary delivery of child 60 days of age or younger--Actions to protect child
authorized.
25-5A-28
Delivery of unharmed child not a crime.
25-5A-29
Termination of parental rights to delivered child.
25-5A-30
Questions concerning child's medical history--No parental obligation to provide
information.
25-5A-31
No liability for entity accepting custody of delivered child.
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-33
Provisions for custody action by nonrelinquishing parent.
25-5A-34
Emergency medical services provider defined.
25-5A-35
Parental rights termination hearing for voluntarily delivered child.
25-5A-36
Due regard to be afforded Indian Child Welfare Act.
CHAPTER 25-6
ADOPTION OF CHILDREN
25-6-1 Adoption of illegitimate child by acknowledgment and conduct of father--Legitimation from birth.
25-6-1.1 Father of illegitimate child not entitled to notice unless acknowledged.
25-6-2 Adoption of minor child permitted--Minimum difference in ages--Best interests of child.
25-6-3 Consent of spouse required for adoption.
25-6-4 Consent of child's parents required for adoption--Court waiver of consent.
25-6-4.1 Compelling, coercing, or forcing adoption as felony.
25-6-4.2 Offering, giving, or receiving unauthorized consideration for adoption as felony.
25-6-5 Consent of child over twelve required.
25-6-6 Jurisdiction of circuit court--Appeal.
25-6-7 Venue of adoption proceedings.
25-6-8 Joinder of proceedings as to two or more children--Separate orders required.
25-6-9 Period of residence in home required before petition granted.
25-6-9.1 Home study report--Requirement--Cost.
25-6-9.2 Effective date.
25-6-10 Petition--Time of hearing--Investigation ordered--Report.
25-6-11 Notice to Department of Social Services--Recommendation of department--Appearance.
25-6-12 Execution of consent and agreement by parties--Appearances at hearing.
25-6-13 Examination of witnesses and investigations by court--Order of adoption--Contents.
25-6-14 25-6-14. Repealed by SL 1972, ch 194, § 45
25-6-15 Access to court adoption records restricted--Notice of hearing to department or adoption agency--Disclosure not contested nor supported.
25-6-15.1 Confidentiality of records.
25-6-15.2 Nonidentifying information--Release to adoptive parent or adoptee.
25-6-15.3 Registry of consents to release of identifying information.
25-6-16 Change of name by adopted child--Relationship with adoptive parent.
25-6-17 Rights and duties of natural parents terminated on adoption--Exceptions.
25-6-18 Petition for adoption of adult--Consent--Residence requirement.
25-6-19 Order for adoption of adult.
25-6-20 Jurisdictional provisions applicable to adoption of adults--Effect of adoption--New birth certificate optional.
25-6-21 Cure of past irregularities in proceedings--Limitation of actions.
25-6-22 Medical information on adoptee's birthparent available to adoptee or adoptee's legal guardian--Written request--Proof.
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.
25-6-24 Due regard to be afforded Indian Child Welfare Act.
25-6-25 Effect of adoption orders of another jurisdiction or nation.
25-6A-1
Repealed.
25-6A-2
Administration of compact.
25-6A-3
Participation by Department of Social Services.
25-6A-4
"State" defined.
25-6A-5
"Adoption assistance state" defined.
25-6A-6
"Residence state" defined.
25-6A-7
Required content of compact.
25-6A-8
Allowable provisions.
25-6A-9
Medical assistance identification for special needs child.
25-6A-10
Process and payment of medical assistance claims.
25-6A-11
Coverage and benefits for out-of-state child--Reimbursement to adoptive parents--Rules
of procedure.
25-6A-12
Fraudulent claims.
25-6A-13
Application of §§ 25-6A-9 to 25-6A-12, inclusive.
25-6A-14
Application of federal law.
CHAPTER 25-7
SUPPORT OBLIGATIONS
25-7-1 Duty to support spouse.
25-7-2 Liability for necessaries supplied to spouse.
25-7-3 Abandonment or separation of spouses--Liability for support.
25-7-4 Failure to support spouse as felony.
25-7-5 Duty to support spouse.
25-7-6 25-7-6. Repealed by SL 1991, ch 212.
25-7-6.1 Obligation of parents to support child--Liability of absent parent--"Continued absence from the home".
25-7-6.2 Support obligation schedule.
25-7-6.3 Determination of parents' monthly net income--Sources of income.
25-7-6.4 Rebuttable presumption of employment at minimum wage.
25-7-6.5 Assets considered when income insufficient.
25-7-6.6 Profits or losses shown on federal income tax schedules as gross income--Court allowance of deduction.
25-7-6.7 Allowable deductions from monthly gross income.
25-7-6.8 25-7-6.8. Repealed by SL 2018, ch 160, § 1.
25-7-6.9 Income above the schedule--Child support adjusted to appropriate level.
25-7-6.10 Factors considered for deviation from schedule.
25-7-6.11 Periodic adjustments in support.
25-7-6.12 Review and amendment of schedule.
25-7-6.13 Modification of prior orders of support.
25-7-6.14 Abatement of portion of child support--Modification.
25-7-6.15 Allocation of travel costs by court.
25-7-6.16 Medical support--Insurance--Computation of costs--Apportionment between parents.
25-7-6.17 Large adjustment in support phased in.
25-7-6.18 Order allocating child care expenses.
25-7-6.19 Credit for child support arrearages for parent with primary physical custody during period of custody.
25-7-6.20 Lien on payment or installment of support under an order of support--Notice.
25-7-6.21 Credit on monthly support obligation for social security or veteran's dependent benefits.
25-7-6.22 Rebuttable presumption that second job income not to be considered in establishing support obligation.
25-7-6.23 Offset of support obligation when each parent has primary physical custody of at least one child--Computation--Assistance from department.
25-7-6.24 Change of physical custody of child without court approval--Order to pay child support.
25-7-6.25 Form to request reimbursement of medical or health care costs--Small claims procedure.
25-7-6.26 Effect of failure to furnish financial information--Imputation of income.
25-7-6.27 Shared parenting child support cross credit.
25-7-6.28 Child residence with parent for a night--Residence for days.
25-7-6.29 Written finding for establishment or modification of child support order--Best interest of child.
25-7-7 25-7-7. Repealed by SL 1989, ch 220, § 19.
25-7-7.1 Continuation of duty to support.
25-7-7.2 Expenses incurred on child's behalf--Fee schedule.
25-7-7.3 Previously ordered support payments not subject to modification--Exception.
25-7-7.4 Unpaid payment or installment of support as judgment.
25-7-7.5 Filing of sworn statement or certificate of unpaid support due--Effective date of judgment.
25-7-7.6 Court may order payment of arrearages.
25-7-7.7 Termination of child support order upon disestablishment of paternity.
25-7-8 Stepparent's duty to support spouse's children.
25-7-9 Adult child supported by parent.
25-7-10 Liability of parent for necessaries supplied to child.
25-7-11 25-7-11. Repealed by SL 1992, ch 182, § 2.
25-7-12 Allowances to parent out of child's property.
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.
25-7-14 Reimbursement of county from deceased parent's estate for support provided child.
25-7-15 Desertion of child under ten as felony.
25-7-16 Nonsupport of child by parent as misdemeanor--Felony where parent leaves state--Spiritual treatment--Unemployment.
25-7-16.1 Cash bond for nonsupport applied to child support arrearages.
25-7-17 Abandonment or nonsupport of child by parent as prima facie evidence of intent.
25-7-17.1 Parent's choice of health services permitted in legitimate practice of religious beliefs not violation of support requirements.
25-7-18 25-7-18. Repealed by SL 1982, ch 195, § 2.
25-7-19 Marital status and divorce decrees immaterial to criminal liability--Status of unborn child.
25-7-20 Parent's criminal liability not relieved by other parent's custody or support provided by others.
25-7-20.1 Complaint for nonsupport signed by representative of department.
25-7-21 25-7-21. Repealed by SL 2018, ch 160, § 2.
25-7-22 Communications not privileged in nonsupport prosecutions--Husband and wife as witnesses.
25-7-23 Abandonment and nonsupport of spouse or children as prima facie evidence of intent.
25-7-24 Release on undertaking to support spouse or child--Amount and terms of undertaking.
25-7-25 Cancellation of undertaking for support on demonstration of good faith.
25-7-26 Arrest and forfeiture of undertaking on failure to comply--Trial--Commitment or release on new undertaking.
25-7-26.1 Posting bond by obligor--Notice.
25-7-27 Adult child's duty to support parent when necessary--Notice required.
25-7-28 Adult child's right of contribution from brothers and sisters for support of parent--Notice required.
25-7-29 25-7-29. Repealed by SL 1992, ch 26, § 5.
25-7-30 Proof of marriage and parentage.
25-7-31 25-7-31 to 25-7-36. Repealed by SL 1986, ch 218, §§ 62 to 67.
25-7-37 Chronically delinquent defined.
25-7-38 Late fee for certain chronically delinquent child support payments.
25-7A-1
Definition of terms.
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-3
Subrogation right of department.
25-7A-3.1
Designation of Department of Social Services as state child support case
registry--Duties.
25-7A-3.2
Designation of Department of Social Services as state child disbursement
unit--Collection and disbursement procedures.
25-7A-3.3
State directory of new hires--Reporting requirements--Multistate
employers--Use of information by department.
25-7A-4
Statement required of certain parents.
25-7A-5
Notice of support debt--Service on parent--Contents of notice.
25-7A-6
Hearing requested by parent--Referee's report--Objections--Order of
court--Service--Objection to court's modification.
25-7A-6.1
Notice to department of parent's address and employment information.
25-7A-6.2
Time for furnishing documents required by referee--Inspection and
copying by parties.
25-7A-7
Secretary's application for support order--Court order--Service.
25-7A-8
Circuit court action to contest paternity or custody.
25-7A-9
Repealed.
25-7A-10
Repealed.
25-7A-10.1
Filing of action involving previous support order.
25-7A-11
Repealed.
25-7A-12, 25-7A-13.
Repealed.
25-7A-14
Interest on support debt or judgment.
25-7A-15
Payor holding amount in excess of debt--Release of excess to obligor.
25-7A-16
Grounds for release of lien.
25-7A-17
Agreement between parents relieving duty of support--Rights of
department or support obligee not terminated.
25-7A-18
Cooperation between public agencies.
25-7A-19
Department as administrator.
25-7A-20
Enforcement of spousal support obligation.
25-7A-21
Judgment for arrearage due obligee in absence of court order.
25-7A-21.1
Order establishment case--Limitation on prior-period support obligations
or arrearages.
25-7A-22
Petition for modification of child support--Hearing--Referee's report--Objections--Service--Objection to modification of report.
25-7A-23
Order for withholding of income or property--Written agreement in lieu
of order.
25-7A-24
Order for withholding of income served upon obligor where delinquent
or support arrearage owed.
25-7A-25
Repealed.
25-7A-26
Petition to stay service of order for withholding--Grounds.
25-7A-27 to 25-7A-29.
Repealed.
25-7A-30
Service of order for withholding.
25-7A-31
Order for withholding--Contents.
25-7A-32 Amount withheld for support and arrearage.
25-7A-33 Order for withholding not conclusive on issue of arrearage.
25-7A-34 Deduction and transmittal of income by payor.
25-7A-35 Compliance by payor where multiple orders for withholding or multiple obligors.
25-7A-36 Duty of payor where obligor terminated--Service of order upon new payor.
25-7A-37 Withholding made without regard to other claims--Complete defense by payor to claims of obligor.
25-7A-38 Modification, suspension or termination of order for withholding.
25-7A-39 Notice to payor.
25-7A-40 Binding effect of order for withholding.
25-7A-41 Notice of change of address of obligee.
25-7A-42 Notice of new payor to department by obligee--Violation as misdemeanor.
25-7A-43 Notice of other support payments to department by obligee.
25-7A-44 Collection, apportionment, and disbursements of payments by department--Payment records.
25-7A-45 Actions against payor by department.
25-7A-46 Intentional violation by payor as petty offense.
25-7A-47 Request to another state to withhold income of obligor.
25-7A-48 Order to withhold income of obligor upon request from another state.
25-7A-49 Law applicable to withholding of income derived within state.
25-7A-50 Notice to other state where obligor ceases to derive income within state.
25-7A-51 Workfare program--Circumstances where participation required.
25-7A-52 Supplemental nature of rights and duties--Prior assignments not invalid.
25-7A-53 Repealed.
25-7A-54 Department exempt from filing fee.
25-7A-55 Previous orders legalized, cured, and validated.
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-56.1 Revocation, suspension, or restriction of licenses of child support obligors.
25-7A-56.2 Recordation of social security number of child support obligors.
25-7A-56.3 Administrative authority of Title IV-D agency in paternity and support actions.
25-7A-56.4 Administrative access of Title IV-D agency to motor vehicle or law enforcement locator systems.
25-7A-56.5 Disclosures to Title IV-D agencies.
25-7A-56.6 Title IV-D agency records access.
25-7A-56.7 Filing requirements.
25-7A-56.8 Jurisdiction of authorized tribunals.
25-7A-56.9 Reporting requirements of child support obligor's financial institution.
25-7A-56.10 Withholding from reemployment assistance benefits.
25-7A-56.11 Title IV-D agency as payee.
25-7A-57 Award of attorney fees and costs in child support modification hearings.
25-7A-58 Health insurance for dependent child.
25-7A-59 Withholding employee's compensation for dependent child's medical support--Required filing time--Limitation on amount--Penalty.
25-7A-60 Garnishment of wages for state expenditures for dependent child under the medical assistance program.
25-7A-61 Promulgation of rules to notify insurers and employers of child support orders that include medical support.
25-7A-62 Notice to obligor of national medical support notice--Procedure and grounds for contesting enrollment.
CHAPTER 25-8
PATERNITY PROCEEDINGS
25-8-1 25-8-1, 25-8-2. Repealed by SL 1984, ch 190, §§ 1, 2
25-8-3 Liability for pregnancy, childbirth, and postpartum expenses.
25-8-4 25-8-4. Repealed by SL 1984, ch 190, § 4
25-8-5 Custodian's recovery of support from noncustodian--Period support recoverable.
25-8-6 25-8-6. Repealed by SL 1984, ch 190, § 6
25-8-7 Proceedings to determine paternity or compel support--Civil action and procedure--Remedies authorized.
25-8-7.1 Court ordered testing for paternity--Filing of results.
25-8-7.2 Persons authorized to perform test--Liability.
25-8-7.3 Test results--Documentation--Filing objections to admissibility.
25-8-8 Agreement on father's liability not binding unless judicially approved--Other remedies barred when approved and performed.
25-8-9 Time for bringing proceedings.
25-8-10 25-8-10, 25-8-11. Repealed by SL 1984, ch 190, §§ 9, 10
25-8-12 Timing of proceeding.
25-8-13 25-8-13 to 25-8-30. Repealed by SL 1984, ch 190, §§ 12 to 29
25-8-31 25-8-31. Repealed by SL 2014, ch 121, § 5.
25-8-32 25-8-32 to 25-8-40. Repealed by SL 1984, ch 190, §§ 30 to 38
25-8-41 25-8-41. Repealed by SL 1977, ch 189, § 126
25-8-42 25-8-42 to 25-8-45. Repealed by SL 1984, ch 190, §§ 39 to 42
25-8-46 Terminology used in records of children born out of wedlock.
25-8-47 25-8-47, 25-8-48. Repealed by SL 1984, ch 190, §§ 43, 44
25-8-49 Admission of paternity as prima facie evidence.
25-8-50 Voluntary hospital-based paternity establishment program.
25-8-51 Forwarding of affidavit of paternity to Department of Social Services.
25-8-52 Rebuttable presumption of paternity--Signed and notarized affidavit.
25-8-53 Reimbursement of reasonable costs for affidavit of paternity.
25-8-54 Use of forms and information prescribed by department.
25-8-55 Default judgment establishing paternity.
25-8-56 Judgment of paternity--Full faith and credit.
25-8-57 Rebuttable presumption of legitimacy.
25-8-58 Genetic test results.
25-8-59 Actions contesting rebuttable presumption of paternity.
25-8-60 Circumstances where name of father appears with birth record for out of wedlock birth.
25-8-61 Trial by jury prohibited in paternity action.
25-8-62 Admissible medical billing evidence--Proceedings to compel support.
25-8-63 Filing affidavits or adjudications of paternity.
25-8-64 Setting aside presumption or prior determination of paternity based on genetic test results--Factors in determining best interest of the child.
25-9B-101 to 25-9B-903. Repealed.
25-9C-101
Short title.
25-9C-102
Definitions.
25-9C-103
State tribunals and support enforcement agency.
25-9C-104
Remedies cumulative.
25-9C-105
Application to resident of foreign country and foreign support proceeding.
25-9C-201 Bases for jurisdiction over nonresident.
25-9C-202 Duration of personal jurisdiction.
25-9C-203 Initiating and responding tribunal of state.
25-9C-204 Simultaneous proceedings.
25-9C-205 Continuing, exclusive jurisdiction to modify child support order.
25-9C-206 Continuing jurisdiction to enforce child support order.
25-9C-207 Determination of controlling child support order.
25-9C-208 Child support order for two or more obligees.
25-9C-209 Credit for payments.
25-9C-210 Application to nonresident subject to personal jurisdiction.
25-9C-211 Continuing, exclusive jurisdiction to modify spousal support order.
25-9C-301 Proceedings under this chapter.
25-9C-302 Proceeding by minor parent.
25-9C-303 Application of law of state.
25-9C-304 Duties of initiating tribunal.
25-9C-305 Duties and powers of responding tribunal.
25-9C-306 Inappropriate tribunal.
25-9C-307 Duties of support enforcement agency.
25-9C-308 Duty of attorney general.
25-9C-309 Private counsel.
25-9C-310 Duties of state information agency.
25-9C-311 Pleading and accompanying documents.
25-9C-312 Nondisclosure of information in exceptional circumstances.
25-9C-313 Costs and fees.
25-9C-314 Limited immunity of petitioner.
25-9C-315 Nonparentage as defense.
25-9C-316 Special rules of evidence and procedure.
25-9C-317 Communications between tribunals.
25-9C-318 Assistance with discovery.
25-9C-319 Receipt and disbursement of payments.
25-9C-401 Establishment of support order.
25-9C-402 Proceeding to determine parentage.
25-9C-501 Employer's receipt of income withholding order of another state.
25-9C-502 Employer's compliance with income withholding order of another state.
25-9C-503 Employer's compliance with two or more income withholding orders.
25-9C-504 Immunity from civil liability.
25-9C-505 Penalties for noncompliance.
25-9C-506 Contest by obligor.
25-9C-507 Administrative enforcement of orders.
25-9C-601 Registration of order for enforcement.
25-9C-602 Procedure to register order for enforcement.
25-9C-603 Effect of registration for enforcement.
25-9C-604 Choice of law.
25-9C-605 Notice of registration of order.
25-9C-606 Procedure to contest validity or enforcement of registered support order.
25-9C-607 Contest of registration or enforcement.
25-9C-608 Confirmed order.
25-9C-609 Procedure to register child support order of another state for modification.
25-9C-610 Effect of registration for modification.
25-9C-611 Modification of child support order of another state.
25-9C-612 Recognition of order modified in another state.
25-9C-613 Jurisdiction to modify child support order of another state when individual parties reside in this state.
25-9C-614 Notice to issuing tribunal of modification.
25-9C-615 Jurisdiction to modify child support order of foreign country.
25-9C-616 Procedure to register child support order of foreign country for modification.
25-9C-701 Definitions.
25-9C-702 Applicability.
25-9C-703 Relationship of department to United States central authority.
25-9C-704 Initiation by department of support proceeding under Convention.
25-9C-705 Direct request.
25-9C-706 Registration of Convention support order.
25-9C-707 Contest of registered Convention support order.
25-9C-708 Recognition and enforcement of registered Convention support order.
25-9C-709 Partial enforcement.
25-9C-710 Foreign support agreement.
25-9C-711 Modification of Convention child support order.
25-9C-712 Personal information--Limit on use.
25-9C-713 Record in original language--English translation.
25-9C-801 Grounds for rendition.
25-9C-802 Conditions for rendition.
25-9C-901 Uniformity of application and construction.
25-9C-902 Transitional provision.
25-9C-903 Severability.
CHAPTER 25-10
PROTECTION FROM DOMESTIC ABUSE
25-10-1 Definitions.
25-10-2 Application for relief--Filing--Venue.
25-10-3 Petition for protection order--Procedure--Standard petition form.
25-10-3.1 Persons entitled to apply for protection order.
25-10-3.2 Factors for determining significant romantic relationship.
25-10-3.3 Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse.
25-10-4 Hearing--Time--Service on respondent.
25-10-5 Relief authorized on finding abuse--Time limitation.
25-10-5.1 Counseling required for domestic abuse defendant placed on probation.
25-10-5.2 Restrictions on issuance of mutual orders for protection against abuse.
25-10-5.3 Court to require instruction in parenting as part of sentence in certain convictions--Exception.
25-10-6 Ex parte temporary protection order.
25-10-7 Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability.
25-10-7.1 Temporary order effective until order under § 25-10-5 served.
25-10-8 Security not required of petitioner--Exception.
25-10-9 Departure of petitioner from household not waiving right to relief.
25-10-10 Modification of order.
25-10-11 Real estate titles not affected.
25-10-12 Delivery of order to law enforcement agencies.
25-10-12.1 Enforcement of foreign protection orders--Requirements.
25-10-12.2 Filing of foreign violence protection order--Affidavit--Entry in database--Fee.
25-10-12.3 Reliance on foreign order--Immunity from liability.
25-10-12.4 Presentment of false order or denial of service a misdemeanor.
25-10-12.5 Affirmative defense.
25-10-13 Protection order--Violation--Penalty
25-10-14 Citation of chapter.
25-10-15 25-10-15. Repealed by SL 2011, ch 132, § 5.
25-10-16 Award of domestic violence program funds--Recipients--Restricted use--Administrative costs.
25-10-17 25-10-17. Repealed by SL 2011, ch 132, § 6.
25-10-17.1 Persons convicted of crimes involving domestic abuse required to support domestic violence programs.
25-10-18 Guidelines for awarding domestic violence program funds.
25-10-19 25-10-19, 25-10-20. Repealed by SL 2011, ch 132, §§ 7, 8.
25-10-21 Prohibited services.
25-10-22 Effect of divorce or other civil proceedings prior to criminal proceedings.
25-10-23 Conditional bond--Violation as misdemeanor.
25-10-24 Surrender of weapon or concealed pistol permit.
25-10-25 Convicted defendant prohibited from contacting victim.
25-10-26 25-10-26, 25-10-27. Repealed by SL 2011, ch 132, §§ 9, 10.
25-10-28 Domestic violence or sexual assault shelters and service programs--Required services.
25-10-29 25-10-29. Repealed by SL 2011, ch 132, § 11.
25-10-30 Promulgation of rules.
25-10-31 25-10-31 to 25-10-33. Repealed by SL 2011, ch 132, §§ 12 to 14.
25-10-34 Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction.
25-10-35 Arrest of person for abuse--Considerations.
25-10-36 Arrest of criminal suspect when responding to domestic abuse call.
25-10-36.1 Arrest of domestic abuse victim for outstanding warrant.
25-10-37 Domestic abuse record keeping.
25-10-38 Report of domestic abuse arrest forwarded to prosecutor--Victim to be notified of status of case.
25-10-39 Records of domestic abuse--Disclosure of victim's location during pendency of action.
25-10-40 Restrictions on release of person charged with domestic abuse.
25-10-41 Conditions of release of person charged with domestic abuse.
25-10-42 Convicted child abuser or sex offender barred from adopting child.
25-10-43 Defendant prohibited from contacting victim prior to court appearance--Violation as misdemeanor.
25-10-44 Mental illness hold--Release.