Grandparent Visitation Petition - South Dakota

PETITION FOR GRANDPARENT VISITATION

(South Dakota — SDCL § 25-4-52)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Circuit Court has jurisdiction over this Petition under SDCL § 25-4-52, which authorizes the Circuit Court to grant grandparents reasonable rights of visitation with their grandchild, with or without a petition by the grandparents, and to issue any orders necessary to enforce or protect those rights.

2.2 UCCJEA home state. South Dakota is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, SDCL §§ 26-5B-101 et seq., because:

☐ The child has lived in South Dakota with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ South Dakota was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [____________] County because the minor child resides in this county and/or the Respondent(s) reside in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY BASIS

3.1 Petitioner is a grandparent (or great-grandparent) of the minor child within the meaning of SDCL § 25-4-52 and petitions this Court for reasonable rights of visitation with the grandchild.

3.2 Context of the petition (check all that apply):

☐ The parents are divorced, separated, or one or both is deceased.

☐ A parent or custodian has denied or prevented Petitioner a reasonable opportunity to visit the grandchild.

☐ Petitioner has an established relationship with the grandchild that benefits the child.

☐ Other circumstance: [____________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had the following relationship with the minor child:

[____________________________________________________________]

4.2 Statutory alternative — SDCL § 25-4-52(1) or (2). Petitioner relies on one or both of the following (check all that apply):

☐ § 25-4-52(1) — The requested visitation will not significantly interfere with the parent-child relationship, because: [____________]

☐ § 25-4-52(2) — The parent or custodian of the grandchild has denied or prevented Petitioner a reasonable opportunity to visit the grandchild, as follows: [____________]

4.3 Reasons for the parents' objection (if any). The reasons given by the parent(s) for limiting or denying contact, and why they do not warrant denial of visitation, are:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Statutory standard — SDCL § 25-4-52. The Circuit Court may grant Petitioner reasonable rights of visitation if the visitation is in the best interests of the grandchild and:

(1) the visitation will not significantly interfere with the parent-child relationship; or

(2) the parent or custodian of the grandchild has denied or prevented Petitioner a reasonable opportunity to visit the grandchild.

5.3 No interference with religious upbringing — SDCL § 25-4-53. Petitioner acknowledges that any visitation granted may not be used in a manner that interferes with the religious upbringing of the grandchild as chosen by the parents.

VI. BEST INTEREST OF THE CHILD

6.1 Petitioner alleges that the requested visitation is in the best interests of the minor child, considering the following:

☐ The nature and quality of the relationship between the child and Petitioner: [____________]

☐ The emotional benefit to the child from continued contact with Petitioner: [____________]

☐ The child's adjustment to home, school, and community: [____________]

☐ The physical and mental health of the child and the parties: [____________]

☐ The effect of the requested visitation on the parent-child relationship: [____________]

6.2 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young or immature to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Assume jurisdiction under SDCL § 25-4-52;

B. Find that the requested visitation is in the best interests of the minor child, and that ☐ the visitation will not significantly interfere with the parent-child relationship ☐ the parent or custodian has denied or prevented Petitioner a reasonable opportunity to visit;

C. Enter an order granting Petitioner reasonable rights of visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Issue any orders necessary to enforce or protect the visitation rights granted, as authorized by SDCL § 25-4-52; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF SOUTH DAKOTA )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], S.D. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT (SUMMONS)

TO THE RESPONDENT(S): YOU ARE HEREBY SUMMONED and required to serve upon Petitioner or Petitioner's attorney an answer to the foregoing Petition within thirty (30) days after the service of this Summons and Petition upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Summons and Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• SDCL § 25-4-52 — Visitation rights for grandparents — Enforcement by circuit court: best-interests requirement; alternative findings of (1) no significant interference with the parent-child relationship OR (2) denial/prevention of reasonable visitation; "grandparents" includes great-grandparents; court issues orders to enforce/protect.
• SDCL § 25-4-53 — visitation may not be used to interfere with the parents' chosen religious upbringing of the grandchild.
• SDCL § 25-4-54 — modification or termination of a grandparent-visitation order.
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision regarding visitation is entitled to special weight.
• SDCL §§ 26-5B-101 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act; § 26-5B-209 (affidavit).

This Petition is a preparation aid only. South Dakota's grandparent visitation statute is comparatively broad — best interests plus either non-interference or parental denial — but a fit parent's decision still receives "special weight" under Troxel and the court considers the reasons for the parent's objection. Consult a licensed South Dakota family law attorney before filing.