Domestic Violence and South Dakota Family Court

Custody Basics

Custody determines the legal rights and responsibilities related to the care and control of a child. It covers two main aspects: legal custody, which involves decision-making authority about the child’s welfare and upbringing, and physical custody, which concerns where the child lives. Courts prioritize the child's best interests, emphasizing safety, stability, and emotional well-being.

Raising Domestic Violence Concerns

If domestic violence (DV) is a factor, it’s vital to present concerns clearly to the court. This may include explaining how DV affects the child's safety and emotional health. Parents or guardians can submit detailed declarations, police reports, or third-party testimonials. Raising these concerns ensures courts consider the impact DV may have on parenting and visitation arrangements.

Evidence Courts May Consider

Court decisions rely on evidence such as witness statements, police reports, medical records, and expert evaluations. Documentation related to domestic violence incidents is particularly important. Courts also consider the child’s needs, history of abuse or neglect, and any protective measures in place. Detailed, consistent evidence supports fair outcomes.

Interaction with Protection Orders

Protection orders are legal tools designed to keep survivors and children safe from abusers. When in place, these orders influence custody and visitation decisions. Courts ensure that any custody plan respects the terms of protection orders, prioritizing safety above all. Violations of protection orders can lead to modifications in custody arrangements or enforcement actions.

For additional resources and support, visit DV Support.