In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply:

(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility;

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Terms Used In South Dakota Codified Laws 25-4B-305

  • Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See South Dakota Codified Laws 25-4B-102
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Article 2, unless the court finds that the agreement is contrary to the best interest of the child.

Source: SL 2014, ch 123, § 17.