Chapter 25-4 in the South Dakota Codified Laws contains the laws and guidelines that regulate child custody in the state. Parents involved in a custody situation should take the time to learn these laws, especially as they apply to the making of a parenting plan. Here are some of the major points in the law that affect the custody agreement.

Chapter 25-4-45 specifies that both parents in a custody situation have an equal right to custody of the children. There is no preference given to either parent because of gender. When the parents are not able to agree on the parenting plan, the court has the authority to make custody decisions. The court will decide the plan based on what is best for the child. If the child is of a sufficient age, the court will listen and give weight to the child’s preferences of custody. The parents can talk to the children and find out what they think about the custody agreement. » Read more: South Dakota Parenting Plans and Custody Agreements – Points From the South Dakota Laws