An Act to require the payment of attorney's fees in cases addressing noncompliance with visitation orders.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 15-17-38 be AMENDED:
15-17-38. Attorney's fees--Taxed as disbursements.
The compensation of attorneys and
counselors at law any
attorney for services rendered in civil and criminal
actions and special proceedings is left to the agreement, express or
implied, of the parties. However,
attorneys'An attorney's
fees may be taxed as disbursements a
disbursement if allowed by specific
a statute.
The Except
as otherwise required by 25-4A-5 or 25-4A-15, the court,
if appropriate, in the
interests of justice, may award payment
of attorneys' attorney's
fees in all cases of divorce, annulment of marriage,
determination of paternity, custody, visitation, separate
maintenance, support, or alimony.
The court may award the fees before or after a judgment or an order.
The court may award attorneys'
attorney's fees
from trusts a
trust administered through the court,
as well as in probate and guardianship proceedings. Attorneys'
Attorney's fees may be taxed as
disbursements a
disbursement on a mortgage
foreclosures foreclosure
either by action or by advertisement.
Section 2. That 25-4A-5 be AMENDED:
25-4A-5. Sanctions for violation of custody or visitation decree.
If the court finds that any party has willfully violated or willfully
failed to comply with any provisions
provision of a
custody or visitation decree, the court shall impose appropriate
sanctions to punish the offender or to compel the offender to comply
with the terms of the custody or visitation decree.
The court may enter an order clarifying the rights and responsibilities of the parents and the court's order.
The court may order one or more of the following sanctions:
(1) To require the offender to provide the other party with make up time with the child equal to the time missed with the child, due to the offender's noncompliance;
(2) To require the offender to pay, to
the other party, court costs and reasonable attorney's fees incurred
as a result of the noncompliance;
(3) To require the
offender to pay a civil penalty of not more than the sum of one
thousand dollars;
(4)(3) To
require the offender to participate satisfactorily in counseling or
parent education classes;
(5)(4) To
require the offender to post bond or other security with the court
conditional upon future compliance with the terms of the custody or
visitation decree or any ancillary court order;
(6)(5) To
impose a jail sentence on the offender of not more than three days;
or
(7)(6) In
the event of an aggravated violation or multiple violations, the
court may modify the existing visitation or custody situation, or
both of any minor child.
If the court finds that any party has willfully violated or willfully failed to comply with any provision of a custody decree, the court may require the offender to pay, to the other party, court costs and reasonable attorney's fees incurred as a result of the noncompliance.
If the court finds that any party has willfully violated or willfully failed to comply with any provision of a visitation decree, the court shall require the offender to pay, to the other party, court costs and reasonable attorney's fees incurred as a result of the noncompliance.
The provisions of this section do not prohibit the court from imposing any other sanction appropriate to the facts and circumstances of the case.
Section 3. That 25-4A-15 be AMENDED:
25-4A-15. Court costs--Attorney's fees.
The Except
as otherwise provided in this section, the court may order
either party to pay attorney fees and
court costs
and reasonable attorney's fees in an action filed under
25-4A-9
to 25-4A-16,
inclusive, in accordance with 15-17-38
or any other applicable statute.
If the court finds that a party has willfully violated or willfully failed to comply with any provision of a visitation agreement, the court shall order the offender to pay, to the other party, court costs and reasonable attorney's fees incurred as a result of the noncompliance.
Section 4. LEGISLATIVE FINDINGS.
The Legislature finds that enforcement of a court order for visitation is a right of significant public interest.