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I know it's going to be a long fight, but I'm ready.

I've been looking at SD statutes for filing for temporary custody and it seems like there has to be a case of neglect or abuse in order for that to happen. That just seems odd. In a case like this when there is no abuse or neglect from grandma can I still file since he's not living with either of his parents?

This is the law that I was talking about when she gets served:

25-4A-11. <!-- WP Paired Style Off: SENU --> <!-- WP Style End: SENU --> <!-- WP Paired Style On: CL --><!-- WP Style End: CL -->Plaintiff in custody action to file and serve guidelines--Guidelines as court order--Custody of minors. <!-- WP Paired Style Off: CL --><!-- WP Style End: CL -->Upon the filing of a summons and complaint for divorce or separate maintenance or any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a copy of the standard guidelines. The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service. Any minor child of the marriage shall remain in the custody of the parent who has been the primary caregiver for the minor child for the majority of time in the twelve months preceding the filing of the summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the standard guidelines creates no presumption as to who may be awarded custody at any hearing.

<!-- WP Paired Style On: SCL --><!-- WP Style End: SCL -->Source: SL 2002, ch 125, § 3; SL 2008, ch 127, § 1.

Am I right? Does this say that when she is served with custody papers she will also be given a copy of the standard guidelines and those will be the order until a judge makes a decision? If I'm reading that right then Christmas will not be an issue because the guidelines state that the NCP shall have all but 3 weeks of summer vacation, Christmas every other year and springbreak.

So offer half of travel and no support? I just want to make it obvious to the judge that I am really trying to do what's in the interest of my son. She hasn't attempted to facilitate my relationship with my son, but I'm not going to pull the same things she has.

I'm not positive about the paternity. I am on the BC. I don't remember exactly what I signed (I know, not smart). But I think that the paternity is not going to be disputed. This is why I say that: if I'm not his father she has no clue who it is (original paternity was, according to her, between me and another guy. The other guy was not the father and really at this point he's my son regardless of what a test says) Also, I figured with the support case that gives me more proof that I'm his dad. Is any of this making sense?

So can I call CPS and ask them to come and do a home study?

<!-- WP Paired Style Off: SCL --><!-- WP Style End: SCL -->

I am a father to a 5 year old boy who lives in South Dakota, I am currently stationed in Texas but will soon be stationed in North Carolina. Son was living with his mother off and on until August of this year. She then placed him with his grandmother and did not notify me until approximately one month later. I have asked her if she would please let me raise him until she is able to care for him herself, she refuses. There is no court order in place for custody but up until September she had always allowed me to visit him when I was home on leave and would take him for about 2 weeks at a time. Come September when I attempted to visit with him she said that if I showed up at her mother's house she would call the police.

I pay child support. Until October we had just made a deal between the 2 of us and I paid her monthly. In October we had a hearing for it and is now court ordered, but it's a bit of a strange case. Since child is living with grandma, support is sent to grandma which is what I requested because it seems fair.

I do have an attorney in SD, but things are going very very slowly. I retained him in September and the mother has yet to be served with anything. I am seeking joint custody with me being the custodial parent. I was able to speak with my attorney yesterday and finally had to say if something can't be filed by the end of this week I'm going to have to retain someone else. Today he emailed me a copy of what he is going to submit to the court. I looked at SD laws today and it seems that once his mother is served there will also be state statutes of visitation attached to it and that visitation shall basically be established. Does this mean that until we go to court to establish custody I am still entitled to exercise visitation? I am very concerned because of what happened in September and she has already said that I can come and pick my son up for Christmas but I'm afraid that once she gets served she will not allow that to happen. Without court ordered visitation you can see the dilemma.

I do understand that if I go to court and come out with being the custodial parent that it will be my job to facilitate my son's on-going relationship with his mother. I have offered to pay ALL costs associated with travel, I also offered to continue to pay support to his mom since I knew that she depended on it financially (this was before it was ordered to go to grandma), I also said that I wouldn't ask for support from her and I'm more than willing to do whatever else I need to do to maintain their relationship...ie, frequent calls, webcam, etc..

Also, my attorney suggested to get a home study done but I've looked and looked and can only really find information that pertains to families getting a home study done in order to adopt. Any suggestions? What are my chances? And can I petition the courts for temp custody since he is not living with his mother or do I have no leg to stand on because there isn't already a standing order??