If a court determines that a person other than a parent should be awarded custody or visitation, the court need not terminate either parent's parental rights over the child. A judgment awarding to a person other than a parent custodial rights may award the parent visitation rights with the child.
S.D. Codified Laws § 25-5-32
Parental rights need not be terminated if custody awarded to person other than parent
Applied in 2 court decisions — leading case Clough v. Nez (2008)
Most recently applied in Clough v. Nez (December 2008)
Source: SL 2002, ch 126, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.