25-4A-5. Sanctions for violation of custody or visitation decree

Updated:

November 28, 2023

25-4A-5. Sanctions for violation of custody or visitation decree

If the court finds that any party has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the court shall impose appropriate sanctions to punish the offender or to compel the offender to comply with the terms of the custody or visitation decree.

The court may enter an order clarifying the rights and responsibilities of the parents and the court’s order. The court may order one or more of the following sanctions:

(1) To require the offender to provide the other party with make up time with the child equal to the time missed with the child, due to the offender’s noncompliance;

(2) To require the offender to pay, to the other party, court costs and reasonable attorney’s fees incurred as a result of the noncompliance;

(3) To require the offender to pay a civil penalty of not more than the sum of one thousand dollars;

(4) To require the offender to participate satisfactorily in counseling or parent education classes;

(5) To require the offender to post bond or other security with the court conditional upon future compliance with the terms of the custody or visitation decree or any ancillary court order;

(6) To impose a jail sentence on the offender of not more than three days; or

(7) In the event of an aggravated violation or multiple violations, the court may modify the existing visitation or custody situation, or both of any minor child.

The provisions of this section do not prohibit the court from imposing any other sanction appropriate to the facts and circumstances of the case.

Legal Information: South Dakota

Statutes: South Dakota

25-4A-5. Sanctions for violation of custody or visitation decree

Plain-language legal information for victims of abuse