Right to counsel

Key_development Question_mark

Legislation, Custody Disputes - Children

A court may appoint counsel for a child in a custody or visitation dispute in which the child is alleged to be neglected, abused, delinquent, or in need of supervision, or if the parent requests it, provided the court determines that such appointment is in the best interest of the child. S.D. Codified Laws §§ 25-4-45.4, 26-7A-52. The court must allocate the cost of an appointed attorney between the parents or guardians of the child. S.D. Codified Laws § 25-4- 45.4.

Appointment of Counsel: discretionary Qualified: no