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Legal Information: South Dakota

Custody

Updated: 
November 28, 2023

How does military deployment affect the judge’s decision on custody?

When deciding on custody, the judge cannot consider a parent’s past or future deployment in determining the best interest of the child. However, the best interest standard can be reconsidered if after the parent’s return from deployment, the parent or child shows a substantial and material change in circumstances that affects that parent’s ability to adequately care for the child.1

1 SDCL § 25-4B-107