In awarding custody or granting rights of visitation involving a minor, the court shall consider a conviction, excluding vehicular homicide, of a parent for the death of the other parent. A conviction for the death of the other parent creates a rebuttable presumption that awarding custody or granting visitation to the convicted parent is not in the best interests of the minor.

Ask a divorce law question, get an answer ASAP!
Thousands of highly rated, verified divorce lawyers.
Specialties include: Family Law, Custody, Divorce, Child Support, Child Protection, Alimony, and more.
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws 25-4-45.6

  • Conviction: A judgement of guilt against a criminal defendant.

Source: SL 1997, ch 156, § 2.