Legal Question in Family Law in South Dakota

Re: question about custody

I do not practice in South Dakota, so what I say might not apply in your state. Consult an attorney experienced in family law matters.

If your sister is not represented by an attorney experienced in family law, by all means, retain one. Round up all your family members to pitch in on the fees if necessary. Alternatively, according to SD law, her attorney could move the court for sufficient fees from Husband for Sister to defend the matter. Or, if she qualifies for a pro bono attorney or a legal services attorney, she should go there. She needs an attorney.

I'm guessing that sister's depression is situational as opposed to long term because you haven't mention depression as an ongoing problem. That she is seeking medical help now is a good sign. I am absolutely not qualified to address this from a psychological or medical point of view. However, it is my understanding that situational depression is often a one-time event. I also understand that most 'permanent' depressions are highly manageable and are not detrimental to a parent's competence or safety. For that reason, the psychologist's and MD's opinions and treatment plans will be important for your sister's case.