ENTITLED, An Act to revise certain provisions regarding child custody during a soldier's
deployment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33-6-10 be amended to read as follows:
33-6-10. A servicemember ordered to deployment, who is the physical custodian or guardian of
a minor or incapacitated person, may delegate by a properly executed power of attorney to another
person for a period of one year or less any of the powers regarding care and custody of the minor
child or ward, except the power to consent to marriage or adoption of a minor ward. If the power of
attorney lapses prior to the servicemember's release from active duty, the power of attorney shall be
automatically extended for an additional year unless the servicemember is sooner released from
active duty. Neither the execution of such a power of attorney pursuant to this section, 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 servicemember called to active duty for deployment. Such stay shall continue for the
period of service 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. 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.
An Act to revise certain provisions regarding child custody during a soldier's deployment.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1046
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President Pro Tempore of the
Senate
____________________________
Secretary of the Senate
House Bill No. 1046
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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