South Dakota Codified Laws 25-4B-104. Jurisdiction
(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 26-5B.
(b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B during the deployment.
Terms Used In South Dakota Codified Laws 25-4B-104
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See South Dakota Codified Laws 25-4B-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Article 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B.
(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under chapter 26-5B.
Source: SL 2014, ch 123, § 4.