What legal rights does a child have regarding parental visitation?

In South Dakota, every child has the right to visitation with their parents unless the court decides otherwise. Generally, the court will ensure that any parental visitation is in the best interests of the child as per the South Dakota Codified Law (SDCL) 25-4-38. Parents have the right to be with their child and receive visitation as long as it is not disruptive and/or will not cause the child harm. The court may also consider the parent’s involvement in the family prior to a dispute happening to determine visitation rights. Any visitation rights granted to a parent must be in accordance with the court order. Visitation and access to the child needs to be established on terms that are in the best interests of the child and that the court believes will promote the child’s welfare. In certain circumstances, the court may limit or reduce parental access to the child, such as if the parent has a history of domestic violence and abuse or if the child does not feel comfortable being with the parent. The court also has the discretion to modify or terminate visitation rights of a parent if necessary. In addition, the court can order supervised visitation, which means that an adult third party is present during the visitation. This can be helpful in cases where the parents are unable to agree on their own terms for visitation or if the court feels it is necessary to protect the child’s best interests.

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What legal rights does a child have regarding parental visitation?

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