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.
S.D. Codified Laws § 25-4-45.6
Consideration of conviction for death of other parent in custody award
Applied in 1 court decision — leading case Guardianship of I.L.J.E. (2018)
Most recently applied in Guardianship of I.L.J.E. (December 2018)
Source: SL 1997, ch 156, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.