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Legal Information: South Dakota

Restraining Orders

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November 28, 2023

I was granted temporary custody with my protection order.  Will I still have temporary custody of my children in South Dakota?

As long as the child custody provision complies with federal law1, South Dakota can enforce a temporary custody order that is a part of a protection order.

Please see our Custody Info and Kidnapping Info page for more information on the federal law requirements, and to read more about taking your children out of state.  To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, click on Where to find Help, and select the state you are in from the drop-down menu on the top left corner of this page.

1 Uniform Child Custody Jurisdiction Act (UCCJA); Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); and Parental Kidnapping Prevention Act of 1980