Parental Rights in South Dakota

Resolution Supporting the PRA

We did it! Thanks in part to your support, in 2010, the South Dakota legislature adopted a resolution calling on the U.S. Congress to propose the Parental Rights Amendment to the U.S. Constitution and to pass it to the States for ratification. (Learn more about state resolutions.)

South Dakota Parental Rights News

15 Years of Protecting Parental Rights—Together!

February 2, 2022

The month of February marks the 15-year anniversary of ParentalRights.org. Because of you and your generosity—with financial support, grassroots action, volunteering, calling or emailing your state and federal legislators, and more—we as an organization can celebrate 15 years of protecting children by empowering parents.  It’s been a team effort, and we’re just getting started. Over…

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South Dakota State Law and Parental Rights

At Risk

South Dakota does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

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Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Through our volunteer network, we monitor the law in all the states. We then pass on important updates and action items.

South Dakota Courts and Parental Rights

At High Risk

South Dakota's Supreme Court has held based on the Troxel case that parental rights cases do not require the strict scrutiny standard of review.

In Feist v. Lemieux-Feist, 793 N.W.2d 57, 60–61 (S.D. 2010), the Court wrote, "[W]e do not read Troxel as specifically requiring a finding of parental unfitness in third party visitation or custody cases. As we have noted before, Troxel only requires that 'special weight' be given to a fit parent's determinations regarding her children."