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South Dakota Child Custody Factors

  1. the court shall be guided by consideration of what appears to be for the best interests of teh child in respect to the child’s temporal and mental and moral welfare.
  2. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question.
  3. As between parents adversely claiming the custody, neither parent may be given preference over the other in determining custody.
  4. Fault shall not be taken into account with regard to child custody, except as it may be relevant to the fitness of either parent.
  5. The expressed desires of the parents for joint legal custody.

South Dakota Statutes Secs 25-4-45, 25-4-45.1, and 25 5-7.1

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Comments

Comment from Jeremy Haagen
Time: February 29, 2008, 11:32 pm

I am a 23yr old man and have made an unplanned baby with a woman I had been dating while stationed at Ellsworth Air Force Base, South Dakota. She is approx. 11 weeks along in the pregnancy. My concern is she currently has 3 children by 2 other dads. Her eldest, an 8yr old boy, has great anger issues (no big suprize his world has been turned upside down more than a few times) and is now very upset there is another baby on the way saying he hates his mom and this baby. But an even greater concern to me is this woman’s parent’s, especially her father. He is a convicted level 3 sex offender and did his time in prision for the conviction of sexual penetration of 2 of his 4 daughters. The other 2 daugthers have been abused as well but did not prosecute or should I say (their mom was unable to be certain if they had been abused for certain). Moreover, their mother has let the man back in her house to live and the the family lets the grandchildren be in the house with him there. He says he has a paper that says he can be around children. What can I do to protect my child. I don’t want him EVER around my child! How do I protect he/she from this child endangerment situation? The woman and I are no longer dating and she says she can do what she wishes with the baby and let her dad see it any time she wants, as she believes his time in prision fixed the problem. That is simply unexceptable to me on any level, he should never be where children are ever, especially mine!! Please let me know what if any thing I can do. Thank you very much for your time.

Comment from papa
Time: March 5, 2008, 11:17 pm

Dear Jeremy, I agree. That situation is completely unacceptable.
Please read this post. It will lead you to a very helpful forum that I recently found.

Comment from will freeman
Time: March 9, 2008, 6:50 am

i am 35yrs old and have 3 children from the same mother. ive been involved with this younger lady for bout 5 months and to find out shes pregnant. she wants me to just step out of the babys life and let her and her family raise it. she mentioned several times that she wanted a baby and now shes pregnant. i think she did it on purpose but who knows. i care for this women deeply and she wont try and work things out. she doesnt realize how this will affect this babys life. i just dont know what to do.

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