Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.

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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.


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