Child Custody Laws in South Dakota

Custody is decided by the best interests of the child's temporal, mental and moral welfare. Neither parent is preferred over the other. If the child is old enough to form an intelligent preference, the court may consider it; no specific age is set. There is no presumption of joint physical custody, but a contested request for it is evaluated using listed factors such as each parent's suitability and home, communication and conflict between parents, each parent's involvement, and the child's wishes. Fault is considered only as it bears on a parent's fitness, and a history of domestic abuse creates a rebuttable presumption against awarding custody to the abuser.

In a divorce, the court may make orders on custody of the children before or after judgment and can change them at any time. Where there is domestic abuse, a person can apply for a protection order. If the application's affidavit shows that immediate and irreparable harm will happen before the other side can be heard, the court can grant an ex parte temporary protection order (restraining abuse and excluding the abuser from the home) that generally lasts 30 days until a full hearing. After notice and a hearing, if abuse is proved, a protection order can award temporary custody or set temporary visitation for the parties' minor children.

Parties in an action involving child custody or parenting time must complete a court-approved parenting course within 60 days of being served with the summons and complaint. The requirement may be waived or delayed only for good cause or if the person completed a court-approved course within the last five years (by filing form UJS-364). In custody or visitation disputes between parents, the court must also order mediation, unless a parent has a domestic abuse or assault conviction or history of domestic abuse, or mediation is unavailable or inappropriate.