Enact a bill which will amend SDCL 25-4-45 by adding the following language (original language of the bill is shown initially):
25-4-45 Child custody provisions - Modification - Preference of child. In an action for divorce, the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question. As between parents adversely claiming the custody, neither parent may be given preference over the other in determining custody.
It is the policy of this State to assure that minor children have frequent and continuing contact with parents; to encourage parents to act in the best interests of their children; and to encourage parents to share in the rights and responsibilities of rearing their children following separation or divorce. To effectuate this policy, if requested by a parent, the court shall provide substantially equal access to the minor children at a temporary order hearing and in the final decree, unless the court finds that such shared parenting would be detrimental to such child. The burden of proof that such shared parenting relationship would be detrimental to such child shall be upon the parent opposing a shared parenting relationship.
BILL 2: A new provision relating to Determination of Child Custody to be added to SDCL 25-5:
Parenting Plans to be Considered by the Court.
(1) Parties to submit parenting plans. The petitioner and respondent shall submit a proposed parenting plan, either individually or jointly, within thirty (30) days after service of process or the filing of the entry of appearance, whichever event first occurs of a motion to modify or a petition involving custody or visitation issues. If requested by a parent, the court shall provide substantially equal access to their minor children to both parents at a temporary order hearing, unless the court finds that such shared parenting would be detrimental to such child. The burden of proof that such shared parenting relationship would be detrimental to such child shall be upon the parent requesting an alternative form of custody.
(2) Parenting Plans in Temporary Custody Proceedings. A party to a temporary custody proceeding may file and serve a proposed parenting plan for consideration by the court. The other party, if contesting the proposed parenting plan, may file and serve an alternative plan. At any time, either parent may move to have a proposed parenting plan entered as part of a temporary order. The proposed temporary parenting plan may be supported by relevant evidence and shall be verified.
A bill to amend SDCL 25-5-13 to read as follows:
25-5-13. Power to change residence of child -- Restraining power of circuit court. A parent entitled to the custody of a child has the right to change his residence, subject to the power of the circuit court to restrain a removal which would prejudice the rights or welfare of the child.
25-5-13. Relocation of Child - Prohibited Without Consent of Noncustodial Parent or Order of Court.
(1) A parent entitled to the custody of a child shall not change the residence of the child to another state or remove the child a distance of greater than fifty miles from the noncustodial parent for a period of time exceeding sixty days except upon an order of the court which has continuing jurisdiction concerning the custody of the child; or with the written consent of every other person who has a right to custody or visitation with the child.
(2) If relocation of a child is approved, the court shall enter a new parenting plan which maintains the same proportion of custodial access and responsibility which was previously exercised by the parties.
Enact a bill which will amend SDCL 25-5-7.3 by adding the following language (original language of the bill is shown initially):
25-5-7.3. Denial of access to certain records and information pertaining to minor child prohibited. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, including counseling, dental, including orthodontia, optometric and similar health care, and school records, may not be denied to a parent because such parent is not the child's primary residential parent.
Neither parent may veto the access requested by the other parent.