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§ 25-4B-401 Procedure for terminating temporary grant of custodial responsibility established by agreement.

SD Codified L § 25-4B-401 (2019) (N/A)
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25-4B-401. Procedure for terminating temporary grant of custodial responsibility established by agreement. (a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.

(b) A temporary agreement under Article 2 granting custodial responsibility terminates:

(1) If an agreement to terminate under subsection (a) specifies a date for termination, on that date; or

(2) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.

(c) In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting custodial responsibility terminates under Article 2 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.

(d) If a temporary agreement granting custodial responsibility was filed with a court pursuant to § 25-4B-205 or a temporary order for child support was entered pursuant to § 25-4B-310, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.

Source: SL 2014, ch 123, § 24.

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§ 25-4B-401 Procedure for terminating temporary grant of custodial responsibility established by agreement.