South Dakota § 26-7A-108 - Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
Full text of South Dakota South Dakota Codified Laws § 26-7A-108 — Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody., with citation guidance and answers to common questions.
§ 26-7A-108. Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
The court may modify or set aside any order or decree made by it, except a decree terminating parental rights. No modification of an order or decree may be made without a hearing if a violation of the terms of probation governing a child in need of supervision or a delinquent child is alleged or if the effect of modifying or setting aside the order or decree would be to deprive a parent of custody of a child or make a change in custody, except temporary custody, with or without court order, pursuant to provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C.
Source: SDC 1939, § 43.0328 as added by SL 1968, ch 164, § 17; SL 1991, ch 217, § 104B; SDCL, § 26-8-61.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 26-7A-108
What does South Dakota Codified Laws § 26-7A-108 cover?
Section 26-7A-108 ("Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 26-7A-108?
A common citation format is "South Dakota Codified Laws § 26-7A-108" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 26-7A-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.