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Legal Information: South Dakota


Laws current as of November 28, 2023

If my child was conceived from rape, can the offender get custody or visitation?

If the judge believes that there is “clear and convincing evidence” that your child was conceived as a result of rape or incest, the judge will assume (presume) that the offender should not get custody or visitation. However, this is a “rebuttable presumption,” which means the offender can show evidence to convince the judge that s/he should have custody or visitation rights for your child. If the offender already had visitation rights, the judge can take those away (“revoke” them).1

SDCL § 25-4A-20