There shall be a rebuttable presumption that it is not in the best interest of the child for the court to place the child in the custody of or to grant visitation rights to a person that the court has found by a standard of clear and convincing evidence to have committed an act of rape or incest against the other parent that resulted in the conception of the child. The court may revoke visitation rights upon such a finding.
S.D. Codified Laws § 25-4A-20
Presumption that granting custody or visitation rights to person causing conception by rape or incest not in best interest of child
Applied in 1 court decision — leading case Jessop v. Combs (2025)
Most recently applied in Jessop v. Combs (December 2025)
Source: SL 2006, ch 139, § 2; SL 2019, ch 121, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.