Divorce South Dakota Custody

Divorce Papers > Divorce Custody > Divorce South Dakota Custody

In case of custody and visitation rights, the South Dakota and Tribal laws permit enforcement of the order by contempt proceedings. If any parent does not observe the custody orders, the court finds this parent in contempt of court. Further, the court may incarcerate such a parent.

Characteristics of Best Interests of the child in Divorce South Dakota Custody

The court -

• Aims at the moral, mental and temporal welfare of the child
• Does not try to understand what is in the best interests of the parents
• Does not focus on which parent can offer a better life to the child as this parent has more money
• Does not concentrate on the inadequacies of the parents
• Takes into account who feeds the child, who baths and cleans the child and who cares for the child overall
• Does not think that any testimony or proof of alleged immoral behavior of any parent is relevant to the custody plan. However, if this testimony or proof has a direct impact on the best interests of the child, then the court might acknowledge it
• An example of the previous point is as follows - The father is alcoholic. This is relevant to child custody orders only if the father abused or neglected the child under the influence of alcohol

Let us assume that one party has been refused custody or visitation by the custodian contrary to the orders of the court. This party can request the court in written form to issue orders to 'show cause'. This is generally in the form of a motion. In this way, a contempt proceeding is begun.

The court reads the motion. If the court concludes that there is adequate information, then it issues a 'show cause' order. Further, the contempt hearing or show cause hearing is planned.

At the contempt hearing, one party is ordered to show cause. This party has to convince the court that he/she had a good reason for not observing the court orders. Alternatively, this party needs to plead how it is not in contempt of court.

In some cases, the court detects that one party has not adhered to the custody and visitation orders, and is in contempt of court. As a punishment, the court can imprison the party or levy a fine. Further, the court might postpone the imprisonment or fine on the condition that the party should begin acting as per the custody order. If this party still does not comply with the order, then the jail duration and fine may be reinstated.

Other aspects of Child Custody Orders in South Dakota

• Usually, the child custody order will award primary custody to one party. The other party is given a visitation plan
• The Supreme Court of this state adheres to standard child visitation guidelines
• The non custodial parent needs to disburse monthly support on a fixed date each month

Divorce Papers