25-4-45.5. Consideration of domestic abuse and assault conviction in custody award.In awarding custody involving a minor, the court shall consider:(1)A conviction of domestic abuse as defined in subdivision 25-10-1(1); or(2)A conviction of assault against a person as defined in subdivision 25-10-1(2), except against any person related by consanguinity, but not living in the same household; or(3)A history of domestic abuse.The conviction or history of domestic abuse creates a rebuttable presumption that awarding custody to the abusive parent is not in the best interest of the minor. A history of domestic abuse may only be proven by greater convincing force of the evidence. Source: SL 1997, ch 156, §1; SL 2008, ch 122, §1.
South Dakota Legal Code