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Legal Information: South Dakota

Statutes: South Dakota

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November 28, 2023

25-4-45.6. Consideration of conviction for death of other parent in custody award

In awarding custody or granting rights of visitation involving a minor, the court shall consider a conviction, excluding vehicular homicide, of a parent for the death of the other parent. A conviction for the death of the other parent creates a rebuttable presumption that awarding custody or granting visitation to the convicted parent is not in the best interests of the minor.