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  • Writer's pictureVer Beek Law, Prof. L.L.C.

What Every Grandparent Should Know About Visitation Rights In South Dakota

When parents cut off visitation between their children and a grandparent, you may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your state. If you find yourself in this situation, first and foremost know you are not alone.

Take the first step today; the most frequently asked grandparents right questions answered:

Do grandparents have rights in South Dakota?

In South Dakota, grandparents may be granted reasonable visitation with their grandchildren. South Dakota grandparent visitation law allows visitation when it:

· serves the best interests of the child;

· won’t interfere with the relationship of the parent and child; and/or

· shows that the parents have not allowed reasonable visitation.

This is the standard used by South Dakota courts in making all custody and visitation decisions.

Can grandparents take parents to court to see grandchildren?

The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. Although Grandparents don’t have the same legal privileges to custody and visitation as parents, the court considers several factors in determining whether to award visitation time.

Can grandparents obtain custody of a grandchild in South Dakota?

Birth parents have the fundamental right to raise their children as they see fit, unless there is reasonable proof the parents are unfit to do so. Under very limited circumstances, a grandparent may obtain custody of a grandchild. A grandparent seeking custody of a grandchild must prove that:

  • the parents abandoned their parental rights and responsibilities;

  • there is proof parental negligence;

  • a parent forfeited parental rights to someone other than the child’s other parent; and/or

  • parental custody is harmful to the child in another way.

Is there a federal law that governs a grandparent's custody or visitation rights?

Currently there is not a federal law governing grandparent rights and are determined under state laws.

Discuss Your Case with an Experienced Family Law Attorney Today:

Because this area of law can be complex and outcomes depend so much on the specifics of the individual situation, it is best to reach out to a South Dakota family attorney who is aware of the specifics of your case. Contact us online or call us today at 605-988-8556.

At Ver Beek Law, our Sioux Falls family lawyers can evaluate your situation and explain the rights you may have under South Dakota law.

Kelsey Ver Beek Founding Attorney

Kathryn Morrison Attorney

Megan Busch Attorney 605-988-8556

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


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