South Dakota Senate Bill SB137

South Dakota 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23

Caption

Provide for the consideration of a child's wishes in awarding custody.

Impact

The legislation seeks to enhance the role that children's voices play in custody decisions, potentially leading to outcomes that better reflect the individual needs and wishes of the child. This change could foster a more child-centric approach to custody arrangements, ensuring that courts are guided not only by the well-being of the child but also by their expressed preferences. Such an approach might influence the dynamic of custody battles by requiring parents and legal representatives to take children's perspectives seriously.

Summary

Senate Bill 137 aims to amend existing South Dakota legislation by mandating that courts consider the wishes of a child when awarding custody during divorce proceedings. The bill emphasizes the child's desires as a critical factor in custody decisions, stating that if a child is capable of forming an intelligent preference, this preference must be taken into account in the court's consideration. This marks a significant shift from previous practices where the child's input was often secondary to parental rights and other factors considered by the court.

Contention

However, the bill may face opposition centered around concerns about the implications of considering a child's wishes at different ages and developmental stages. Critics may argue that children, especially younger ones, may not have the maturity or understanding necessary to make informed decisions about their living situations. There are also apprehensions regarding the potential for manipulation from parents, which might lead to a scenario where a child feels pressured to express a preference in favor of one parent over the other, thus complicating the custody deliberation process.