ENTITLED, An Act to clarify the supporting documentation necessary for a request to implement
the standard visitation guidelines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4A-16.1 be amended to read as follows:
25-4A-16.1. Subject to the jurisdictional and procedural provisions of chapter 26-5B, any parent
subject to a court order of this state or subject to the jurisdiction of a court of this state pursuant to
chapter 26-5B relating to visitation, custody, or child support may request the court to enter an order
implementing the standard visitation guidelines. If the request is made in a child support proceeding,
compliance with chapter 26-5B, including appropriate notice and an opportunity to be heard, if not
previously provided, is required. The request shall be in writing and shall include a copy of the
existing order establishing custody, visitation, or support and provide a current address of the
responding party. Upon filing of the written request, the moving party shall serve a copy of the
standard guidelines, together with a copy of the request and provide notice that absent an objection,
the guideline visitation shall be imposed. The notice shall provide instructions as to the manner in
which objections may be made. The service of such notice shall be deemed complete when an
affidavit of the service of such notice and of the particular mode thereof, duly signed and verified
by the person or officer making the service, shall have been filed with the court and such record or
affidavit shall be presumptive evidence of the completed service of the notice herein required. If a
party objects to the imposition of the standard guidelines within ten days of service, the court shall
conduct an expedited hearing as soon as practical. Based upon the evidence presented at the hearing,
the court may order the parties to abide by the standard visitation guidelines or may order any other
relief as it deems appropriate.
An Act to clarify the supporting documentation necessary for a request to implement the standard
visitation guidelines.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1062
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1062
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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