South Dakota Codified Laws 26-18-7. Factors to determine risk of abduction
(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:
(1) Has previously abducted or attempted to abduct the child;
Terms Used In South Dakota Codified Laws 26-18-7
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) Has threatened to abduct the child;
(3) Has recently engaged in activities that may indicate a planned abduction, including:
(A) Abandoning employment;
(B) Selling a primary residence;
(C) Terminating a lease;
(D) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents, or conducting any unusual financial activities;
(E) Applying for a passport or visa or obtaining travel documents for the respondent, a family member, or the child; or
(F) Seeking to obtain the child’s birth certificate or school or medical records;
(4) Has engaged in domestic violence, stalking, or child abuse or neglect;
(5) Has refused to follow a child-custody determination;
(6) Lacks strong familial, financial, emotional, or cultural ties to the state or the United States;
(7) Has strong familial, financial, emotional, or cultural ties to another state or country;
(8) Is likely to take the child to a country that:
(A) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;
(B) Is a party to the Hague Convention on the Civil Aspects of International Child Abduction but:
(i) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;
(ii) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or
(iii) Lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction;
(C) Poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;
(D) Has laws or practices that would:
(i) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;
(ii) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status, or religion; or
(iii) Restrict the child’s ability legally to leave the country after the child reaches the age of majority because of a child’s gender, nationality, or religion;
(E) Is included by the United States Department of State on a current list of state sponsors of terrorism;
(F) Does not have an official United States diplomatic presence in the country; or
(G) Is engaged in active military action or war, including a civil war, to which the child may be exposed;
(9) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally;
(10) Has had an application for United States citizenship denied;