{"data":{"id":"us-sd/sdcl-25-4-45.5","jurisdiction":"us-sd","citation":"SDCL § 25-4-45.5","heading":"Consideration of domestic abuse and assault conviction in custody award.","body":"In awarding custody involving a minor, the court shall consider:\n(1) A conviction of domestic abuse as defined in subdivision 25-10-1(1); or\n(2) A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or\n(3) A history of domestic abuse.\nThe conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only be proven by greater convincing force of the evidence.","path":["TITLE 25. DOMESTIC RELATIONS","CHAPTER 25-4. DIVORCE AND SEPARATE MAINTENANCE"],"source_url":"https://sdlegislature.gov/Statutes/25-4-45.5","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"e36937038ed0273ad764c834c925451576587edcb31e860ae1079bc26e20f9f8","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-25-4-45.4","next":"us-sd/sdcl-25-4-45.6"},"notice":"GroundRules: Original legal text. Not legal advice."}