Right to counsel

South Dakota , 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
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.