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Custody After A Split

SDCL § 25-4-45 — the child's best interests, no preference for either parent, and a presumption against an abusive one

The court is guided by the child's best interests in temporal, mental and moral welfare, and may consider the preference of a child old enough to form an intelligent one.

  • SDCL § 25-4-45
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Neither parent first. As between parents claiming custody against each other, neither may be given preference over the other. The court may change a custody order at any time.

  • SDCL § 25-4-45

A conviction of domestic abuse or a history of it creates a rebuttable presumption that custody with the abusive parent is not in the child's best interest.

  • SDCL § 25-4-45.5

A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 25-4-45
Sources for this section (2)
  1. SDCL § 25-4-45 — Child custody provisions; Modification; Preference of child
  2. SDCL § 25-4-45.5 — Consideration of domestic abuse and assault conviction in custody award

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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