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South Dakota Family Law Questions & Answers
1 Answer | Asked in Native American Law, Family Law and Appeals / Appellate Law for South Dakota on
Q: Can parents appeal tribal court termination of rights in SD under ICWA?

I am involved in a CPS case concerning the Rosebud Sioux Tribe under ICWA. CPS is recommending termination of parental rights, with a hearing scheduled in 30 days. The case, originally with a goal of reunification, has been ongoing for 23 months and involved four different case workers. During this... View More

James L. Arrasmith
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answered on May 23, 2025

I need to search for current information about ICWA appeals and tribal court jurisdiction for termination cases to provide you with accurate legal guidance.Based on my research into ICWA and South Dakota case law, yes, you can appeal a termination of parental rights decision regardless of whether... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for South Dakota on
Q: Can a 2-month consented absence be spousal abandonment in divorce with kids involved?

I am a stay-at-home dad planning to proceed with a divorce. I have two children, aged 14 and 11. My spouse, who is the primary income provider, has consented to my absence for two months as I go out of town, with her planned care for our children while I am away. Given these circumstances, could... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're going through this. Planning for divorce, especially when children are involved, is already difficult—and it’s wise of you to think through how your actions might be interpreted. You're asking a fair question, and it's good that you're trying to... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for South Dakota on
Q: Can I legally address being excluded from my son's event due to ongoing custody issues?

I have primary custody of my son, and we share legal custody with my ex-husband. My son asked me to attend a father-son activity with him, which I was told by the group leader was allowable, as some mothers do attend. However, my ex-husband opposed this, called me a liar to the group leader, and... View More

James L. Arrasmith
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answered on May 14, 2025

It’s incredibly painful to be excluded from something that matters so much to your child, especially when you’re trying to honor his wishes and support him. Since you have primary custody and share legal custody, you should be part of decisions affecting his life—especially events he invites... View More

1 Answer | Asked in Divorce and Family Law for South Dakota on
Q: Can you move to south Dakota for a weekend to file for divorce there?

Current state NC, husband in agreement

T. Augustus Claus
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answered on Sep 11, 2023

While it's possible to establish residency in South Dakota relatively quickly, moving there for a weekend solely for the purpose of filing for divorce may not be straightforward or advisable in all cases. The specific requirements for residency to file for divorce can vary from state to state,... View More

1 Answer | Asked in Adoption and Family Law for South Dakota on
Q: Which form do I need to fill out to petition for adoption for an adult adoption?
Heath Baker
Heath Baker
answered on Apr 20, 2023

Check your county's court website and see if they have any local forms that are required or acceptable. In Riverside County, the court has a local form that provides for all of the needed information. (You could always go to their website and pull the local form for your pleading paper... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for South Dakota on
Q: Do I need a lawyer to change the executor on my will?
John Michael Frick
John Michael Frick
answered on Apr 2, 2023

A will is a relatively simple legal instrument that a reasonably intelligent person ought to be able to prepare on their own without a problem.

Nevertheless, we frequently see situations where a reasonably intelligent person has botched one. I just handled a probate for a man who botched...
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1 Answer | Asked in Family Law and Probate for South Dakota on
Q: I lived with my boyfriend for 10 years. He died in July. Can his father take all his belongings from me?
Nina Whitehurst
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answered on Nov 9, 2021

Unless your boyfriend had a will leaving his estate to you, it goes to his next of kin. This is why it is SO important for a single person to have an estate plan.

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