Family Law

Nobody wants to hire a family law attorney. But if you need one, Diana can help you to choose your best options. Family law representation can include help with divorce, child custody and parenting time, child support, and spousal support. Because having a judge decide your future should always be the last resort, she will help you to resolve your conflicts and issues out of court whenever possible.

Custody and Parenting Time:

I was married to the mother of my child, but DNA will show that the biological father was someone else.  Do I still have rights to the child?  Does he?  You do, because the child was born to the marriage.  You are equally entitled to custody of the child, considering her best interest.

In most cases, seeking the advice of a knowledgeable family attorney can help save you much grief and difficulty in the future.

We have children together.  How do we or the court decide on what happens now?

There are a few separate factors here: 1) child support, 2) parenting time/visitation, and 3) legal and physical custody.

• Child support: how is child support determined?

South Dakota has a specific table for determining the non-custodial parent’s child support.  You can find it here: https://sdlegislature.gov/Statutes/25-7-6.2.  You may also be liable for the child(ren)’s health insurance and/or some portion of medical expenses.  These obligations are to your child, not your spouse.  They are enforceable by the court, and failure to comply can result in incarceration.  If you are chronically late on payments, you are subject to a late fee.

• How is parenting time/visitation determined?

https://sdlegislature.gov/Statutes/25-4A-A shows a parenting guideline chart, to which the court will turn if the parents have not determined an appropriate schedule among themselves.

• Who gets legal and physical custody?

Legal custody is determined in the best interest of the CHILD.  In ordering joint legal custody, the court may order joint physical custody.

We divorced some time ago.   Can I change our custody arrangements?  Yes.  The court may modify custody of a child.

Where does the Firm serve families? We work in Bennett County, Haakon County, Jackson County, Jones County, Hughes County, Mellette County, and Stanley County.  Service may be available in other areas of South Central South Dakota.