Co-Parenting App for South Dakota Parents

What South Dakota courts consider in custody decisions

South Dakota courts consider factors under § 25-4-45 including the quality of love, affection, and guidance provided by each parent, each parent's capacity and disposition to give the child love, affection, guidance, and to continue raising the child in the child's religion or creed, each parent's capacity and disposition to provide food/clothing/medical care/education and other necessary care, the length of time the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity, the child's preference (if of a sufficiently mature age), the mental and physical health of all individuals involved, the child's adjustment to home/school/community, whether either parent has committed domestic abuse, and the physical proximity of the parents to each other as it relates to the practical considerations of parenting time. South Dakota also considers which parent has served as the child's primary caretaker.

How the custody process works in South Dakota

South Dakota custody cases are heard in Circuit Court. The court may award joint legal custody, joint physical custody, or a combination. South Dakota courts frequently consider the primary caretaker doctrine — the parent who has been primarily responsible for day-to-day caregiving may be preferred for physical custody, especially for young children. Mediation is available through court programs and judges may order it in contested cases. The court may appoint a guardian ad litem to represent the child's interests and investigate the home environment.

Key South Dakota custody statutes

• S.D. Codified Laws § 25-4-45
• S.D. Codified Laws § 25-5-7.1
• S.D. Codified Laws § 25-4-45.5