§ 25-8-59 — Actions contesting rebuttable presumption of paternity.

South Dakota § 25-8-59

• Jurisdiction: South Dakota
• Title 25: DOMESTIC RELATIONS
• Ch. 25-7A: PATERNITY PROCEEDINGS

Text

Any action contesting a rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58 , inclusive, shall be commenced in circuit court either sixty days after the creation of the presumption of paternity or the date of any administrative or judicial proceedings relating to the child including proceedings to establish a support obligation in accordance with § 25-8-52 , whichever occurs earlier, except in a case where there are allegations of fraud, duress, or material mistake of fact. In a case involving allegations of fraud, duress, or material mistake of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three years after the creation of any presumption. The burden of proof shall be upon the moving party and the payment of child support, or any other legal responsibilities of the parties, may not be suspended during the pendency of the proceedings, except upon a showing of good cause by the moving party. This section does not apply to any proceeding under § 25-8-64 .

Legislative History

SL 1994, ch 204, § 11; SL 1997, ch 155, § 34; SL 1998, ch 157, § 11; SL 2018, ch 163, § 1.