South Dakota Codified Laws 25-4-45.5. Consideration of domestic abuse and assault conviction in custody award
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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
Terms Used In South Dakota Codified Laws 25-4-45.5
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.