Does paying child support prevent abandonment claims in South Dakota?

Paying child support does not give you a simple yes or no answer in South Dakota. The abandonment ground is in SDCL § 25-6-4(2), and it is tied to a period of six months. How the Circuit Court weighs child support payments against that period depends on the facts of your case, so confirm that specific point with the Circuit Court clerk in your county or with an attorney.

What you can rely on. South Dakota's abandonment ground, SDCL § 25-6-4(2), uses a six-month period. Abandonment is a ground for adoption without a biological parent's consent, so it matters most when that parent is not agreeing to the adoption. South Dakota does not treat termination of parental rights as a separate proceeding in a stepparent adoption, so the question is handled within the adoption case in the Circuit Court.

What to keep track of. Because the answer turns on the facts, it helps to have a clear record before you file. Consider writing down:

• The date of the last visit and the last phone call, message or other contact between the other parent and your child.
• Any gifts, cards or attempts to reach the child during the past six months and before.
• Whether child support was paid, when, and how much, with bank records or payment records if you have them.
• Any times you or the other parent made it harder or easier to stay in touch.

Payment records and contact records may both come up, so gather both. The clerk or an attorney can tell you how they apply to your situation.

When to talk to an attorney. If the other parent is likely to object, or has been paying support and staying in touch some of the time, your case may be contested. If you do not know where the other parent is, that raises its own questions. In either situation, an attorney can advise you on your facts. The clerk can answer procedural questions, including the filing fee and what the court expects in your county.

Other South Dakota points.

• Court: Your petition is filed in the Circuit Court in your county. South Dakota has 66 counties.
• Home study: It is waived in stepparent adoptions under SDCL § 25-6-10.
• Child's consent: A child who is 12 or older must consent under SDCL § 25-6-5.
• Timeline: Stepparent adoptions in South Dakota typically take 3-6 months.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions. We have helped 187 South Dakota families, and our package comes with a 100% court acceptance guarantee.