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3101 West 41st Street
Suite 214
Sioux Falls, SD 57105
(605)335-1545
brian@btalaw.com
Suite 214
Sioux Falls, SD 57105
(605)335-1545
brian@btalaw.com
Family Law
Probably the area of law that is most familiar to the average layperson is family law.
Almost everyone knows someone who is either divorced, considering divorce, or having
some type of issue with custody, visitation, child support issues, or even considering
adopting a child. If you are in need of advice concerning any of these areas please call
to set up your free initial consultation.
Divorce
A divorce is, in effect, just another type of lawsuit, except in the end, you are also asking
for a dissolution of marriage as well as a division of marital debt, marital property, and
possibly custody and/or visitation issues. Once a party is served with a summons and
complaint for divorce, there is a 60 day "cooling off" period before the divorce can be
granted. For more information, please contact me for an appointment.
Custody and Visitation
The standard used by the South Dakota courts to award custody is "best interest of the
child." This standard basically looks to see which parent is better able to provide the
child(ren) with a suitable home environment. The specific factors the court looks at are:
parental fitness; stability; who has been the primary caretaker of the child(ren) up to this
point; the child(ren)'s preference (if the child is of a sufficient age to form an intelligent
preference, the court may consider that preference); whether either parent is guilty of
conduct that is/was harmful to the child(ren); and the courts will try not to separate
siblings absent compelling circumstances. In addition, the court will require a
"substantial change of circumstances" to modify custody after it has been granted to
either parent.
The parents can either agree between themselves as to a visitation schedule, or they
can let the court decide on a visitation schedule. South Dakota judges have come up
with a template to use when setting visitation schedules. To see the South Dakota
Visitation Guidelines, click here.
Probably the area of law that is most familiar to the average layperson is family law.
Almost everyone knows someone who is either divorced, considering divorce, or having
some type of issue with custody, visitation, child support issues, or even considering
adopting a child. If you are in need of advice concerning any of these areas please call
to set up your free initial consultation.
Divorce
A divorce is, in effect, just another type of lawsuit, except in the end, you are also asking
for a dissolution of marriage as well as a division of marital debt, marital property, and
possibly custody and/or visitation issues. Once a party is served with a summons and
complaint for divorce, there is a 60 day "cooling off" period before the divorce can be
granted. For more information, please contact me for an appointment.
Custody and Visitation
The standard used by the South Dakota courts to award custody is "best interest of the
child." This standard basically looks to see which parent is better able to provide the
child(ren) with a suitable home environment. The specific factors the court looks at are:
parental fitness; stability; who has been the primary caretaker of the child(ren) up to this
point; the child(ren)'s preference (if the child is of a sufficient age to form an intelligent
preference, the court may consider that preference); whether either parent is guilty of
conduct that is/was harmful to the child(ren); and the courts will try not to separate
siblings absent compelling circumstances. In addition, the court will require a
"substantial change of circumstances" to modify custody after it has been granted to
either parent.
The parents can either agree between themselves as to a visitation schedule, or they
can let the court decide on a visitation schedule. South Dakota judges have come up
with a template to use when setting visitation schedules. To see the South Dakota
Visitation Guidelines, click here.
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The following should not be construed as legal advice. Each case is unique. For more information
about your particular situation please call or email to set up your free initial consultation.
about your particular situation please call or email to set up your free initial consultation.