Select your state

Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In South Dakota, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody decisions, particularly when the child is of sufficient age and maturity. Although there is no specific age set by statute, it is commonly understood that the preferences of children aged 12-14 years and older are given more weight. However, the court is not bound to follow the child's preference. The child's best interests remain the paramount concern in custody determinations, and the court will evaluate multiple factors to ensure that the custody arrangement serves those interests. These factors and the consideration of the child's preference are typically outlined in the state's family law statutes.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For about 82¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state. Don't wait—be prepared for life's inevitable legal challenges, starting today.

And ask your employer, credit union, or membership group to offer LegalFix for even better pricing.

Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

South-Dakota State Code

South-Dakota State Code

Child custody

child's choice on where to live

Articles