In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child. However, if upon return from the deployment either the servicemember or child exhibits a substantial and material change in circumstances that adversely affects the servicemember's ability to adequately care for the child, the best interests of the child shall be determinative.
S.D. Codified Laws § 25-4B-107
General consideration in custody proceeding of parent's military service
Known as the Uniform Deployed Parents Custody and Visitation Act
The act spans §§ 25-4B-101 to 25-4B-503 (30 sections).
Source: SL 2014, ch 123, § 7.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.