Friday, February 1, 2008

Child Custody in South Dakota and Some Thoughts on Indiana

Florida Divorce Blog picks up an article about South Dakota custody law. See SD Re-Evaluates Child Custody Laws:

"Under current South Dakota law, temporary custody of children is apparently awarded to the parent who has been the primary caregiver for the thirty days prior to filing. Unfortunately, a snapshot of such a short slice of life may not accurately reflect which parent has been the primary caregiver over the longer haul."
I want to write just another example of how family law differs between the states, but I have to also say that I do not see how 30 days can say anythng about the best interests of a child. The proposal for extending this to one year strikes me as a good indicator. If the parties separate for a year without the non-custodial then wanting custody, I would want the non-custodial parent ot have a very good reason. Like being stationed in Iraq or in a coma or too broke to afford much more than the rent.

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