Emancipation is express when it is by agreement of both parents if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the circuit court of the county in which the child resides for approval. The court shall issue a declaration of emancipation if it finds the emancipation would not be contrary to the child's best interest. The declaration of emancipation and a copy of the agreement shall be filed by the clerk of courts.
S.D. Codified Laws § 25-5-19
Emancipation by express agreement--Approval of circuit court
Applied in 2 court decisions — leading case Guffin v. R. L. (1980)
Most recently applied in Matter of Guardianship of DLL & CLL (April 1980)
Source: SDC 1939, § 14.0308 (4); SL 1991, ch 211, § 9.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.