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.
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.
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.
A particular case is a question for a licensed South Dakota attorney.
Sources for this section (2)
- SDCL § 25-4-45 — Child custody provisions; Modification; Preference of child
- 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.