Relocation: South Dakota Rules to Follow When Moving with a Child

Life does not stop when you’re involved in a custody dispute. 

A job, school, or family obligations may require you to relocate.  If you live in South Dakota and decide to relocate with your child, there are a few rules to be aware of:

1. If there is not a court Order or other enforceable agreement in place that governs the relocation of a child, the parent seeking to move must provide notice to the other parent of the intention to relocate.
2. The notice must state where you will be relocating, why the relocation is in the best interest of the child, and your proposed visitation plan for the other parent to see the child.
3. If you decide to move without providing notice, the other parent can ask the Court to modify custody or request you move back with the child.
4. Notice is not required if you are moving closer to the noncustodial parent, if you are relocating within the boundaries of your child’s current school district, or if the other parent is subject to a protection order.

The Court will always look to the best interests of the child in matters of relocation.  The Court may permit you to move with the child or require the child to move back, with or without a change to custody and visitation.  The burden is on the parent seeking to relocate to prove why the relocation is in the child’s best interest.

In all custody matters, it is always best to try and work with the other parent to come to an agreement on a visitation schedule that will work for both sides.  And regardless of your ability to work with the other parent, it is always wise to consult with an attorney of your choosing before deciding to relocate.

Contact a Goosmann Law Firm attorney today to help you navigate through the custody process.