Deciding to get a divorce is never an easy choice, but if both parties agree on the necessity of it, the process can be relatively peaceful. However, post-divorce adjustments, particularly relating to child custody, often require modifications to the original agreement. In South Dakota, there are specific laws and procedures in place for divorce and child custody modification that both parties must understand from the beginning.
Divorce Procedure in South Dakota
The divorce procedure in South Dakota follows a series of basic steps. Prior to filing a petition for divorce, one of the spouses must have been a resident of the state for at least one year. If both spouses mutually agree on the need for a divorce, they can proceed with a no-fault divorce.
In the case where one spouse contests the divorce, a fault-based divorce can be pursued, based on reasons like adultery, cruelty, or imprisonment.
Once the divorce has been filed, the court will assign a hearing date, typically within 60 days. Attendance by both parties is mandatory, and the court will make a final determination regarding child custody, child support, and property division.
Modifying Child Custody Arrangements
After the finalization of the divorce, parents may find that the existing child custody arrangement no longer suits their needs. Any parent can initiate a request for a modification to the current custody order. However, the court will only grant a modification if there has been a significant change in circumstances since the original order.
Common reasons for seeking modifications include changes in employment, relocation, illness, or substance abuse issues.
Procedure for Seeking Child Custody Modification
To initiate a child custody modification, a parent must file a petition with the court, indicating the desired changes. Subsequently, both parties will be required to attend a hearing where the court will consider evidence presented by both sides.
Following the hearing, the court will make a determination, which may involve modifying the original order or maintaining it as is. It’s important to note that even if both parties agree on the modification, a court order must still be obtained for the changes to be officially recognized.
Factors Considered by the Court
When evaluating whether to modify a child custody order, the court takes numerous factors into consideration, always prioritizing the best interests of the child.
Some of the factors that the court weighs include:
- The child’s preferences
- Both parents’ physical and mental health
- The extent to which each parent is willing to cooperate with the other
- The nature of the relationship between the child and each parent
- The child’s age, health, and educational needs
- The stability of each parent’s home environment and work schedule
- The geographical distance between the residences of both parents
Conclusion
Having a thorough understanding of the laws and procedures regarding divorce and child custody modification in South Dakota is crucial. It is also advisable to seek the guidance of an experienced family law attorney who can navigate the legal system on your behalf.
Whether you are contemplating a divorce or need to request changes to a child custody order, contacting a family law attorney in South Dakota is important to safeguard your rights and ensure the best interests of your child are being served. With their expertise, you can find solace in knowing that your legal matters are being handled efficiently and effectively.