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It may seem that grandparents are ending up with a
lot of responsibilities and few rights when it comes to their role in
their grandchildren’s upbringing. But laws have evolved to ensure your
rights are preserved. These are summaries of some that may affect you;
please remember that you may have other rights or restrictions that are
not outlined here. If you have questions, please consult legal council.
About Visitation
About Abuse and/or Neglect
About Legal Guardianship
The U.S. Supreme Court has recognized the
constitutionally protected right of a parent to direct the upbringing of
their children. In response to this Supreme Court decision, the South
Dakota legislature has passed laws that permit grandparents and
great-grandparents reasonable rights of visitation with their
grandchildren. The Court may grant visitation if:
 It is in the best interest of the
grandchild
The visitation will not significantly
interfere with the parent-child relationship
The parent or custodian of the
grandchild has denied or prevented the grandparent reasonable opportunity
to visit the grandchild.
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Unfortunately, there are times when a child is
subject to mistreatment, abuse or improper parental care. In these
situations, there is a system of laws in South Dakota aimed at protecting
the children from abuse and neglect. While these proceedings do not favor
a particular parent, guardian or custodian of the child, the effort of the
Department of Social Services is to prevent the removal of children from
their homes if possible. But, there are times when reunification of the
nuclear family is not possible. The Court will then determine whether:
The child should be placed for adoption
and the parents’ parental rights be terminated
The child should be referred for legal
guardianship
The child should be placed permanently
with a willing relative
The child should be placed in another
planned permanent living arrangement.
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A guardian or conservator of a minor child may be
appointed by the Court after notice and a hearing. The minor, an
interested relative or individual, or a facility that is responsible or
has assumed responsibility for the minor’s care or custody may file a
petition for appointment. Whether someone is to be appointed as a
guardian or conservator is for the Court to decide, and only ordered if it
is in the child’s best interest. The Court will consider the suitability
of the proposed guardian or conservator and the minor’s current living
arrangement. A guardian of a minor child shall be responsible for
decision making regarding the minor’s support, care, health, education,
custody and residence. At all times, a guardian shall act in the best
interest of the child.
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