There is a newer version
of
this Section
2017 South Dakota Codified Laws
Title 25 - DOMESTIC RELATIONS
Chapter 04 - Divorce And Separate Maintenance
§ 25-4-45.5 Consideration of domestic abuse and assault conviction in custody award.
Universal Citation: SD Codified L § 25-4-45.5 (2017)
25-4-45.5. Consideration of domestic abuse and assault conviction in custody award. In awarding custody involving a minor, the court shall consider:
(1) A conviction of domestic abuse as defined in subdivision 25-10-1(1); or
(2) A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or
(3) A history of domestic abuse.
The conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only be proven by greater convincing force of the evidence.
Source: SL 1997, ch 156, § 1; SL 2008, ch 122, § 1.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
