2013 South Dakota Codified Laws
Title 33 - MILITARY AFFAIRS
Chapter 06 - Privileges And Exemptions Of Guard Members
§ 33-6-10 Temporary delegation of guardianship during active service in armed forces--Modification of custody.

33-6-10. Temporary delegation of guardianship during active service in armed forces--Modification of custody. A servicemember ordered to deployment, who is the physical custodian or guardian of a minor or incapacitated person, may delegate by a properly executed power of attorney to another person for a period of one year or less any of the powers regarding care and custody of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. If the power of attorney lapses prior to the servicemember's release from active duty, the power of attorney shall be automatically extended for an additional year unless the servicemember is sooner released from active duty. Neither the execution of such a power of attorney pursuant to this section, nor the deployment itself, may be considered a factor in considering a substantial and material change of circumstances, nor a factor in a best interest of the child determination for purposes of permanent child custody modification proceedings. There is hereby imposed an automatic stay of all proceedings seeking a permanent change in custody of a minor child where the parent with physical custody is a servicemember called to active duty for deployment. Such stay shall continue for the period of service due to deployment, unless waived in writing by the service member. Nothing in this section precludes a petition by the noncustodial parent to temporarily change physical custody, the best interests of the child remains determinative for such temporary custody determinations. Any temporary order modifying physical custody of the child automatically terminates upon return of the servicemember from deployment and reverts back to the custody status or order in effect prior to the deployment. However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances which adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative. The temporary custody provisions of § 25-4A-11 do not apply to the temporary custody provisions of this section.

Source: SL 1994, ch 234; SDCL § 30-36-73; SL 1995, ch 167, § 182; SL 2012, ch 174, § 1.