Custody

Paternity, also known as legal fatherhood, can be established at any time before the 18^th birthday of your child in the following ways:

• Presumed- if the parents are married or your child is born within 10 months of the divorce, the husband is automatically assumed (“presumed”) to be the legal father.¹ However, if the biological father is not the husband, then a three-way paternity affidavit can be signed by the mother, the biological father, and the husband.²
• Voluntarily- both parents sign a paternity affidavit under oath. This could be done at the hospital/clinic when your child is born or later on at the South Dakota Department of Social Services, Department of Health, or the local Register of Deeds Office.
• Involuntarily- either parent may start administrative or legal proceedings to establish paternity. This will usually include genetic testing.²

¹ SDCL § 25-5-3
² “Voluntary Paternity Establishment,” South Dakota Department of Social Services.