25-4-45 Child custody provisions--Modification--Preference of child.
Child custody provisions--Modification--Preference of child.
In an action for
divorce, the court may, before or after judgment, give such direction for the custody, care, and
education of the children of the marriage as may seem necessary or proper, and may at any time
vacate or modify the same. In awarding the custody of a child, the court shall be guided by
consideration of what appears to be for the best interests of the child in respect to the child's temporal
and mental and moral welfare. If the child is of a sufficient age to form an intelligent preference, the
court may consider that preference in determining the question. As between parents adversely
claiming the custody, neither parent may be given preference over the other in determining custody.
Source: SDC 1939, § 14.0724; SL 1994, ch 192.