South Dakota

Child Custody Law

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.

Child custody cases in South Dakota can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things:

• Where the child lives (physical custody)
• Who is involved in making parenting decisions (legal custody)
• How the visitation schedule with non-custodial parents or relatives is arranged

This page describes how a contested child custody case is handled in the South Dakota court system, and what factors are used to determine which parent gets custody.

After a breakup or divorce in South Dakota, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support.

Some of the factors considered by South Dakota in child custody cases include the child's wishes and any history of domestic violence.

In awarding the custody of a child, the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare.

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. If child custody is disputed, however, they will have to receive a child custody order from a South Dakota judge, who will attempt to make a custody decision that is in the "best interests of the child".

In the state of South Dakota, a number of factors are taken into account by the courts when determining who gets child custody. This section describes South Dakota's custody factors, considerations, and presumptions when evaluating a custody order.

Is there a set list of statutory factors for calculating child custody in the state of South Dakota?

South Dakota does not have a defined list of factors for the court to consider when determing a custody order. This means that judges have significant flexibility on a case-by-case basis when determining a custody arrangement between two parents.

Do judges in the state of South Dakota favor joint custody?

Judges in South Dakota are authorized to order either joint or single-parent custody of a child subject to a custody dispute.

Courts in South Dakota do not have a presumption in favor joint custody orders when evaluating child custody. The judge will evaluate the specifics of the custody dispute to determine what custody arrangement is in the best interests of the child.

Do South Dakota courts encourage parents to cooperate together to raise the child?

It is not particularly encouraged that the parents cooperative together to raise the child.

Are the child's wishes considered when determining custody in the state of South Dakota?

In South Dakota, the court does consider the child's reasonable wishes when determining which parent wins custody. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference.

Do South Dakota courts consider domestic violence when determining custody?

South Dakota has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. This may mean that domestic violence is a statutory factor in custody determinations, that the court has a presumption against custody for abusers, or that special procedural considerations are imposed in cases involving domestic violence.

Do the courts in the state of South Dakota have the right to hire an attorney or Guardian Ad Litem to represent the child?

South Dakota has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.