{"data":{"id":"us-sd/sdcl-26-5b-310","jurisdiction":"us-sd","citation":"SDCL § 26-5B-310","heading":"Hearing and order.","body":"(a) Unless the court issues a temporary emergency order pursuant to § 26-5B-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:\n(1) The child-custody determination has not been registered and confirmed under § 26-5B-305 and that:\n(A) The issuing court did not have jurisdiction under Article 2;\n(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or\n(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 26-5B-108, in the proceedings before the court that issued the order for which enforcement is sought; or\n(2) The child-custody determination for which enforcement is sought was registered and confirmed under § 26-5B-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2.\n(b) The court shall award the fees, costs, and expenses authorized under § 26-5B-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.\n(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.\n(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.","path":["TITLE 26. MINORS","CHAPTER 26-5B. UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT"],"source_url":"https://sdlegislature.gov/Statutes/26-5B-310","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"a0191f7b258ee73e8707b42301dd3eaa51b9e7a30c516b827fe76e46b48c24fc","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-26-5b-309","next":"us-sd/sdcl-26-5b-311"},"notice":"GroundRules: Original legal text. Not legal advice."}