Domestic Violence and South Dakota Family Court
How domestic violence may affect child custody decisions in South Dakota.
Understanding Custody in Domestic Violence Situations
Custody Basics
Custody refers to the legal rights and responsibilities one has regarding a child. This can involve decisions about where a child lives, their education, healthcare, and general wellbeing. Custody arrangements may be shared between parents or awarded to one parent, depending on what the court determines is in the best interest of the child.
Raising Domestic Violence Concerns
When domestic violence concerns are raised in custody cases, they are taken seriously by courts. It is important to communicate any relevant information clearly and provide details related to the safety and wellbeing of the child. Courts will consider how these concerns may affect the child’s physical and emotional health.
Evidence Courts May Consider
Court decisions about custody can be influenced by various types of evidence. This may include:
- Police reports or protection orders related to domestic violence
- Medical records documenting injuries
- Statements from witnesses or professionals involved with the family
- Photographs, texts, or other documented communications
- Evaluations by child welfare or mental health professionals
Interaction with Protection Orders
Protection orders can impact custody and visitation arrangements. Courts often review existing protection orders to understand safety concerns. They may adjust custody to reduce risk and ensure protective measures are followed. It is possible for custody orders and protection orders to exist simultaneously and influence each other.
Custody and protection order issues can be complex. Additional support options can be found through resources listed at DV.Support.