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Legal Information: South Dakota

Custody

Updated: 
November 28, 2023

What are some advantages and disadvantages of getting a custody order?

Some people decide not to get a custody order because they don’t want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent. 

However, getting a custody order can give you:

  1. the right to make decisions about your child; and
  2. the right to have your child live with you.

If you decide not to get a custody order, then you and the other parent likely have equal rights to making decisions and living arrangements. The exception to this is when paternity has not been legally established. To consider if paternity has been established in your specific case, you can see the information in How is paternity established?

Legal Information

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