Non-Custodial Parents v The State of South Dakota
Non-Custodial Parents Challenge South Dakota Support and Custody Laws
A class action lawsuit has been filed on behalf of non-custodial parents in the state of South Dakota. The suit alleges that the enforcement of child support and custody laws by the state's courts and agencies unlawfully and unconstitutionally interferes with the parental rights of non-custodial parents.
The suit is based on the premise that any parent who has not been found to be unfit has an inherent and constitutional right to act in the best interests of his or her child, without interference by any government entity. For this reason, plaintiffs argue, a state's attempt to enforce any law or regulation regarding child custody, support, or visitation is unconstitutional unless the parent the state seeks enforcement against has been found to be unfit.
The suit alleges that South Dakota's state courts and agencies have:
• committed gross negligence in custody proceedings;
• wrongfully refused to enforce and support plaintiffs' parenting time rights;
• conspired with other states and the federal government to enforce custody orders that violate plaintiffs' rights;
• defrauded plaintiffs by collecting child support; and
• disparately taxed non-custodial parents, who cannot take certain deductions available to custodial parents.
The suit seeks injunctive and equitable relief, together with damages of one million dollars per plaintiff.
