25-5-30. Circumstances suggesting serious detriment to child.Serious detriment to a child may exist whenever there is proof of one or more of the following extraordinary circumstances:(1)The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;(2)The extended, unjustifiable absence of parental custody;(3)The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;(4)The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;(5)The substantial enhancement of the child's well-being while under the care of a person other than the parent;(6)The extent of the parent's delay in seeking to reacquire custody of the child;(7)The demonstrated quality of the parent's commitment to raising the child;(8)The likely degree of stability and security in the child's future with the parent;(9)The extent to which the child's right to an education would be impaired while in the custody of the parent; or(10)Any other extraordinary circumstance that would the child's future with the parent;(9)The extent to which the child's right to an education would be impaired while in the custody of the parent; or(10)Any other extraordinary circumstance that would substantially and adversely impact the welfare of the child. Source: SL 2002, ch 126, §2.
South Dakota Legal Code