State of South Dakota
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EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 |
400T0356 | SENATE STATE AFFAIRS ENGROSSED NO. HB 1046 - 2/15/2012 |
Introduced by: The Committee on Judiciary at the request of the Department of the Military
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of attorney pursuant to this section or upon activation of the service member into the armed
forces of the United States does not constitute a material change in circumstances for an action
seeking to change the custody of the affected child or children by the parent without physical
custody, nor the deployment itself, may be considered a factor in considering a substantial and
material change of circumstances, nor a factor in a best interest of the child determination for
purposes of permanent child custody modification proceedings. There is hereby imposed an
automatic stay of all proceedings seeking a permanent change in custody of a minor child where
the parent with physical custody is a member of the active component or reserve component of
the armed forces of the United States called into active service during a period of national
emergency servicemember called to active duty for deployment. Such stay shall continue for the
period of service of the national emergency due to deployment, unless waived in writing by the
service member. Nothing in this section precludes a petition by the noncustodial parent to
temporarily change physical custody, the best interests of the child remains determinative for
such temporary custody determinations. However, the best interests of the child shall be
determinative Any temporary order modifying physical custody of the child automatically
terminates upon return of the servicemember from deployment and reverts back to the custody
status or order in effect prior to the deployment. However, if upon return from the deployment
either the servicemember or child exhibits a substantial and material change in circumstances
which adversely affects the servicemember's ability to adequately care for the child, the best
interests of the child shall be determinative.The temporary custody provisions of § 25-4A-11
do not apply to the temporary custody provisions of this section.