S.D. Codified Laws

§ 25-5-13. Right of parent to change residence.

A parent entitled to the custody of a child has the right to change his residence, subject to the power of the circuit court to restrain a removal which would prejudice the rights or welfare of the child.

§ 25-4A-17. Requirement of custodial parent to give notice of intent to move — Time period for notice — Filing requirement — Circumstances where notice is not required.

If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of service to the other legal parent of the child. Reasonable notice is notice that is given at least forty-five days before relocation or a shorter period if reasonable under the specific facts giving rise to the relocation. Proof of the notice shall be filed with the court of record unless notice is waived by the court.

No notice need be provided pursuant to this section if:

(1)    The relocation results in the child moving closer to the noncustodial parent; or

(2)    The relocation is within the boundaries of the child’s current school district; or

(3)    There is an existing valid protection order in favor of the child or the custodial parent against the noncustodial parent unless the noncustodial parent has a valid order for parenting time established either in the protection order file or another custody proceeding subsequent to the entry of the protection order; or

(4)    Within the preceding twelve months, the nonrelocating parent has been convicted of violation of a protection order, criminal assault, child abuse, or other domestic violence and either the child or the custodial parent was the victim of the crime or violation unless the noncustodial parent has a valid order for parenting time established subsequent to the conviction.

§ 25-4A-18. Required elements of notice.

The notice required in § 25-4A-17 shall contain the following:

(1)    The address and telephone number, if known, of the new residence;

(2)    The purpose for relocating;

(3)    Why the relocation is in the best interest of the child; and

(4)    The relocating party’s proposed visitation plan for the nonrelocating parent upon relocation.

If a relocating parent is giving notice of relocation in compliance with subdivisions 25-4A-17(3) or (4), the address requirement in subdivision (1) of this section is fulfilled if the notice contains the city and state of the new residence.

§ 25-4A-19. Right to hearing.

At the request of the nonrelocating parent, made within thirty days of the notice of relocation, the court shall hold a hearing on the relocation. If no request for hearing is made within thirty days of notice, the relocation is presumed to be consented to by the nonrelocating parent.