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South Dakota Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if the child’s parents are divorced or legally separated or if an action for divorce or separate maintenance has been commenced by one of the child’s parents, or if the grandparent’s child has died. The court must find that the visitation is in the child’s best interest. Title 25, Chapter 4, Section 25-4-52 (S.D.C.L. 25-4-52 et seq.). 25-4-45

When Adoption Occurs: Visitation rights terminate upon adoption unless the adoption is by a stepparent or grandparent.

Child Custody Statutes: Only statutory reference is that custody is to be determined "as may seem necessary and proper." S.D.C.L. 25-4-45

Parents May Choose: Yes


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