Child Custody in Sioux Falls, SD
We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Sioux Falls, South Dakota professionals who will help you fight for your rights as a parent.
What Is Child Custody?
When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Sioux Falls, SD not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.
Types of Child Custody Arrangements in Sioux Falls, South Dakota
There are three main types of arrangements that can occur. These include full custody, sole custody, and joint custody. In Sioux Falls, guardianship disputes may be resolved at the Minnehaha County Courthouse.
What Is Full Custody?
In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.
Current South Dakota law mandates that a court in Sioux Falls focus on the child’s best interests. Counsel can be appointed to investigate cases involving neglect or abuse. If petitioning for this guardianship comes after a previous order, you may need to submit new Parenting Time Forms. Modifying a parenting order can take time, multiple hearings, and a heightened level of scrutiny. Any change must be proven to be in the best interest of the child.
Even when children only live with one parent, the other parent still has the opportunity to be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.
What Is Sole Custody?
Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.
In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. South Dakota state laws vary on what might result in parental termination.
What Is Joint Custody?
Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families in Sioux Falls, South Dakota also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.
A shared custody agreement can only be approved if it’s good for the child’s welfare. Additionally, codified Laws in South Dakota state that the courts have jurisdiction to judge the merits of a parenting plan. As part of making that determination, the court system in Sioux Falls may consider any relevant information about the family. If offenses like domestic abuse and violence exist, a judge can order a different plan to protect the welfare of children.
In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.
The Factors Courts Consider When Making a Decision
In , , full custody is often awarded when one parent is unable to fulfill their responsibilities in raising the child. This could be due to circumstances such as incarceration, financial instability, or involvement in situations that could potentially harm the child. In these cases, the court may grant full or sole custody to the other parent for the child’s well-being.
On the other hand, joint custody is typically awarded when both parents are capable of sharing the responsibilities of raising a healthy and happy child. Both parents must be able to communicate effectively and follow the court’s guidelines. In cases where parents struggle to cooperate, the court may decide to grant one parent the majority of the parenting time to reduce conflict.
In , joint custody cases require both parents to coordinate their efforts, resources, and schedules to meet the child’s needs. Custody arrangements can vary, and there may be supervised visitation for one parent. Additionally, there may be designated public locations for child exchanges to ensure a smooth transition between parents.
The Basics of the Child Custody Process
Custody arrangements in Sioux Falls, South Dakota are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents can come together to find a solution that works well for the child. Oftentimes without needing to involve the court system.
According to the State Bar of South Dakota, a court in Sioux Falls should make mediation mandatory for child custody cases. If this step does not seem appropriate for the situation, they can skip this process. For example, his arbitration may not happen if it can extend the emotional suffering of a child.
Working with a Sioux Falls custody lawyer as a mediator can help to advise you on the best type of custody arrangement that would work for the unique requirements and needs of your child. Hire an experienced child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.
Work With an Experienced Sioux Falls, South Dakota Child Custody Lawyer
A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. A Sioux Falls lawyer who specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.
Hire a dedicated and passionate child custody attorney in Sioux Falls, South Dakota. Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely. If you’re looking to hire an experienced child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.
The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across South Dakota state lines.
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About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.