Legal Question in Family Law in South Dakota

Who has Jurisdiction?

My ex-husband and I are legally divorced in the State of SD, there has been a Stipulation and Agreement waived and filed in SD also. I now live in Nebraska, he now lives in Texas. The minor child is legally enrolled in school in SD and has been since January 2003, he lived with his grandparents in SD during this time. The only papers ever filed have all been done in SD. My son is visiting me for the summer months of June, July and August. We have Joint Legal Custody with him having physical care at the present time. I am trying to get custody of my son back. Who has jurisdiction?

Asked on 6/25/03, 7:37 pm

1 Answer from Attorneys

Talana Sayre Talana Sayre, Attorney at Law

Re: Who has Jurisdiction?

You will need to read your decree. It most likely says that the SD court that adjudicated your divorce retains exclusive jurisdiction over the children. Good luck!

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Answered on 6/30/03, 9:47 am

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