Unregulated Custody Transfers of Adopted Children - South Dakota

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Definitions

Citation: Ann. Laws § 25-4B-102

A 'deploying parent' is a servicemember who is deployed or has been notified of impending deployment and is a parent of a child under law of this State other than this chapter or an individual who has custodial responsibility for a child under law of this State other than this chapter.

'Caregiving authority' is the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation.

'Custodial responsibility' includes all powers and duties relating to caregiving authority and decision-making authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child.

'Decision-making authority' is the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caregiving authority.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Laws §§ 25-4B-204; 25-4B-205

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this State other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.

An agreement or power of attorney under this article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power.

Exceptions

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.