Parental relocation requirements in South Dakota

| Oct 7, 2019 | Family Law And Divorce

After your divorce in Sioux Falls becomes final comes that challenge of successfully co-parenting with your now ex-spouse. It may be difficult at first, but over time you, your ex-spouse and your children will likely adjust to the new situation. Yet your own personal life is sure to go on, and with that may come the opportunity (or the need) to relocated. Moving away with your kids can certainly place strain on your co-parenting efforts. For this reason, many in your same situation have come to us here at The Krause Law Firm PC wondering what legal requirements need to be followed in order for the court to endorse such a move. 

Per Section 25-4A-17 of South Dakota’s Codified Laws, you must provide notice to both your ex-spouse and the court having jurisdiction over your child custody case at least 45 days prior to any intended relocation. If your move is unexpected and your must relocate sooner than that (e.g. you are transferred by your employer to a new location), then the court may waive that time requirement if you are able to provide proof of the uniqueness of your situation. 

Having said that, you may not be required to provide prior notice of a move in the following situations: 

  • You intend to move to take the kids closer to their other parent
  • You are staying within the boundaries of the kids’ current school district
  • There is an existing protection order against your ex-spouse
  • Your ex-spouse has violated a protection order or been convicted of violent abuse against you or your kids within the previous 12 months

You can learn more about adjusting to your post-divorce life by continuing to explore our site.