Child Custody Factors

Under § 25-4A-24, South Dakota courts consider the following factors when determining the best interest of a child:

Whether each parent is a suitable physical custodian for the child
Whether each parent has an appropriate dwelling to physically take care of the child
Psychological and emotional needs of the child
Whether a parent has denied the other parent of continuing contact with the child without just cause
Whether the parents can show mutual respect and effectively communicate with each other
The extent to which both parents actively care for the child
Whether the custody arrangement is in line with the child’s wishes
Whether either of the parents are opposed to joint physical therapy
The geographic proximity of the parents
Whether the parent is physically and mentally capable of providing for the child
Whether the parents can provide a stable home environment
The child’s adjustment to home, school, and community
and more.

How to File for Custody in South Dakota

1. Agree on a Parenting Plan

It is highly recommended that the parents try to reach an agreement on the terms of custody before starting the legal process.

The South Dakota Parenting Guidelines provide the minimum parenting requirements set by the state.^[1] Intended to be used as a standard, parents may create their own parenting plan to better suit their individual circumstances. However, if the parents are unable to agree on a parenting plan, these guidelines become mandatory and are adopted by default.

This document provides guidelines for a wide variety of parent-child scheduling situations, including vacations, long distance, holidays, and more.

2. Calculate Child Support

Under the South Dakota Child Support Guidelines, child support obligations are determined by using the parents’ gross monthly income and the number of children eligible for support.^[2] Use the state’s Child Support Calculator for an estimate of how much child support may be ordered by the court.

If one parent has primary physical custody, complete this Child Support Obligation Worksheet. For shared custody, complete this Shared Parenting Child Support Obligation Worksheet.

3. Complete and File Required Forms

Complete the Stipulation, Custody, Parenting Time & Support Agreement, which establishes the details of legal and physical custody, parent-time scheduling, child support, and more. File the original copy with the clerk of court, along with a completed Order.

To open an uncontested custody case, complete and sign the following documents:

The Complaint must be signed and dated in the presence of a notary public or a clerk of court.

After completing the documents above, file the original copies with the clerk of court. The filing fee is $70, but it may be waived by completing the following forms and submitting them to the clerk:

4. Serve the Paperwork

Serve the other parent (respondent) with a copy of the Summons, Complaint, and South Dakota Parenting Guidelines. File the original proof of service with the clerk.

5. Receive Court Order

The judge may require a hearing based on the circumstances of the case. Once the judge signs the order, make at least two certified copies. Send one copy to the other parent along with a Notice of Entry of Order, and send the other copy to the Department of Health.

Custody Laws

Child’s preference: “If the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining [custody].”^[3]
Grandparents’ visitation rights: § 25-4-52
Non-custodial visitation: § 25-4A-10
Parenting plan: § 25-4A-12
Required parenting education: § 25-4A-32
Temporary custody order: § 25-4A-13
Uniform Child Custody Jurisdiction and Enforcement Act: § 26-5B

Related Forms

Marital Settlement Agreement

Download: PDF, MS Word, ODT

Separation Agreement