| Chapter 25-4 in the South Dakota Codified Laws | | | | talk to the children and find out what they think about |
| contains the laws and guidelines that regulate child | | | | the custody agreement. |
| custody in the state. Parents involved in a custody | | | | This chapter also explains that all custody decisions |
| situation should take the time to learn these laws, | | | | must be made with the best interest of the child as the |
| especially as they apply to the making of a parenting | | | | focus. This means that the custody agreement must |
| plan. Here are some of the major points in the law that | | | | be the best for the child temporally, mentally, and |
| affect the custody agreement. | | | | morally. Parents should consider the needs of the child |
| Chapter 25-4-45 specifies that both parents in a | | | | as they make a parenting plan. The plan should include |
| custody situation have an equal right to custody of the | | | | information about where the child will live, when the |
| children. There is no preference given to either parent | | | | child will visit the other parent, where the child will |
| because of gender. When the parents are not able to | | | | spend holidays, how the parents will share legal |
| agree on the parenting plan, the court has the authority | | | | responsibility of the child, etc. Although the parents |
| to make custody decisions. The court will decide the | | | | need to figure out something that will work for them, of |
| plan based on what is best for the child. If the child is | | | | utmost importance is making sure the plan benefits the |
| of a sufficient age, the court will listen and give weight | | | | child. |
| to the child's preferences of custody. The parents can | | | | |