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Legal Information: South Dakota

Custody

Laws current as of November 28, 2023

Can the non-custodial parent have access to the child’s records?

Both parents have equal access to records and information related to the child, including healthcare and school records. The law says that both parents should make reasonable efforts so that the name and address of the other parent is listed on these records.1 This is also the case when enrolling your child in any social, religious, or peer group activity.2

However, everything explained above does not apply in a case where a judge has:

  1. terminated the rights of one of the parents; 
  2. issued a court order that restrains one of the parents from contact with the child; or
  3. determined that it’s inappropriate under the circumstances in a particular case.3

1 SDCL § 25-5-7.3
2 SDCL § 25-5-7.4
3 SDCL § 25-5-7.5