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EspañolWho has custody rights if parents are not living together?
Usually, parents can decide on any type of custody agreement that works for the family and benefits their child. However, if parents cannot agree on custody (custodial responsibilities), it’s possible that a custody case will need to be filed.
The time leading up to when a custody order is issued is covered under South Dakota law. Generally speaking, if your child was born while you were married to the other parent, then you both are equally entitled to custody.1 However, if your child is born out of wedlock, the law says the mother is entitled to custody unless and until a court order says otherwise, based on the child’s best interest.2 This initial right to custody does not mean the judge will assume this arrangement is in the best interest of the child when making a custody order.3
1 SDCL § 25-5-7
2 SDCL § 25-5-10
3 SDCL § 25-5-10.1
