Hiring a Child Custody Lawyer in South Dakota
How courts in South Dakota decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in South Dakota: fee rules
| Rules on contingency fees | Under South Dakota Rule of Professional Conduct 1.5(c) (appendix to SDCL ch. 16-18), a contingent fee agreement must be in writing signed by the client and state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of potential expenses the client owes whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
|---|
South Dakota rules to know first
| How custody is decided | 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. |
|---|---|
| Emergency custody | 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. Temporary custody under the protection-order law is listed in § 25-10-5 (after a hearing), not among the ex parte relief in § 25-10-6. |
| Parenting classes | 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. |
| Grandparents' rights | The circuit court may grant grandparents (including great-grandparents) reasonable visitation, with or without a petition, if it is in the grandchild's best interests and either the visitation will not significantly interfere with the parent-child relationship or the parent or custodian has denied or prevented reasonable opportunity to visit. Source: SDCL 25-4-52 |
Find and check a lawyer
| Lawyer referral service | The State Bar of South Dakota Lawyer Referral Service is a public service to help you find a qualified, local lawyer. Participating lawyers give you a consultation covering the nature of your legal issue, possible options, and the costs of hiring an attorney. Call (800) 952-2333 or request a referral online. The service confirms participating attorneys are active members in good standing but does not evaluate or endorse their qualifications for any practice area. |
|---|---|
| Check discipline history or file a complaint | Complaints about South Dakota lawyers go to the Disciplinary Board of the State Bar of South Dakota. Send a signed letter fully describing the facts and all sources of information, with names, dates, addresses and supporting documents, to Disciplinary Board, The State Bar of South Dakota, 111 W Capitol Ave. #1, Pierre, SD 57501 (605-224-7554). Simple matters are investigated by a Board member by correspondence and complicated ones by an investigator. The Board dismisses complaints where the lawyer did no wrong, may issue a private reprimand for less serious wrongdoing, and reports serious matters to the Supreme Court; discipline ranges from private reprimand to disbarment. Proceedings are confidential until the Board files formal charges, and losses cannot be recovered through discipline. Filing address: https://www.statebarofsouthdakota.com/reporting-professional-misconduct-2/ |
Free legal help
| Free legal aid | Free civil legal aid for low-income South Dakotans is provided by two LSC-funded programs: Dakota Plains Legal Services and East River Legal Services (per the Legal Services Corporation's grantee list). The North Dakota courts' Finding a Lawyer page also describes Dakota Plains Legal Services as providing free legal help to low-income individuals, older Americans and veterans across South Dakota and North Dakota, including tribal court matters. DPLS description: https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
|---|
All legal help in South Dakota
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.