South Dakota Custody & Parenting Plans

South Dakota custody law is governed by SDCL 25-4-45, which directs courts to decide custody based on the best interest of the child. Whether you're filing for divorce, modifying an existing order, or navigating a paternity case, understanding how South Dakota handles legal custody, physical custody, and the state's unique default parenting guidelines is essential for building an arrangement that works for your family.

This guide covers the custody framework under South Dakota Codified Laws, the factors courts weigh, what the statutory parenting guidelines require, how child support interacts with custody, mandatory mediation and parenting education, and the steps for modifying orders after they're entered.

Types of Custody in South Dakota

South Dakota recognizes two distinct dimensions of custody. Each can be awarded jointly or solely, and courts evaluate them separately based on the circumstances of the family.

Legal Custody

Legal custody determines who makes major decisions about the child's welfare, including education, healthcare, religious upbringing, and extracurricular activities. South Dakota courts may award joint legal custody, where both parents share decision-making authority, or sole legal custody, where one parent holds exclusive decision-making power.

Physical Custody

Physical custody determines where the child lives day-to-day. Courts may order primary physical custody with one parent (the other receiving parenting time), or shared physical custody where the child splits time between both homes. The threshold for shared physical custody in South Dakota is 180 or more overnights per year with each parent.

Important: Under SDCL 25-4-45.1, fault is not considered when awarding custody, and South Dakota explicitly rejects any parental preference based on gender.

The Best Interest Standard Under SDCL 25-4-45

When deciding custody, South Dakota judges focus on the best interest of the child. The statute does not provide an exhaustive list of factors the way some states do, but courts consistently evaluate:

• Child's preference: The court may consider a mature child's reasonable preference regarding custody and parenting time
• Parental fitness: Each parent's capacity to provide a stable, nurturing environment and meet the child's physical and emotional needs
• Stability and continuity: The child's existing living arrangements, school, and community ties
• Standard of living: The family's established standard of living and each parent's ability to maintain it
• Cooperation between parents: Each parent's willingness to support the child's relationship with the other parent
• Each parent's strengths: Individual capacities, circumstances, and involvement in the child's life

South Dakota courts have broad discretion in weighing these factors. There is no automatic presumption favoring any particular custody arrangement, including 50/50.

Domestic Violence and Custody

South Dakota takes domestic violence seriously in custody decisions. Under SDCL 25-4-45.5 through 25-4-45.8, courts must specifically examine whether there is a history of domestic abuse when determining custody arrangements. Evidence of domestic violence weighs heavily against placing a child with the abusive parent.

Additionally, evidence of false abuse reports can weigh against the parent who made the false allegation. These provisions ensure that custody decisions account for the safety of both children and parents while guarding against manipulation of the legal process.

South Dakota Parenting Guidelines (UJS-302)

One of South Dakota's most distinctive custody features is the statutory parenting guidelines under SDCL Chapter 25-4A. The South Dakota Parenting Guidelines (Form UJS-302) must be served along with the Summons in every divorce, paternity, or custody case.

Here's how they work: if parents cannot agree on a specific parenting plan, these guidelines automatically become the enforceable parenting plan unless a parent objects in writing and the court orders a different arrangement. This means South Dakota effectively provides a built-in default custody schedule that applies unless the parties negotiate something different or a judge intervenes.

Either parent has the right to object to the guidelines by filing a written objection with the Clerk of Courts. Once an objection is filed, the court holds a hearing and the judge determines the parenting time schedule based on the best interest standard.

What Your Parenting Plan Must Address

Whether you use the default guidelines or negotiate a custom arrangement, a comprehensive South Dakota parenting plan should cover:

• Regular custody schedule: Where the child resides on weekdays, weekends, and overnights throughout the year
• Holiday and vacation schedule: Specific provisions for major holidays, school breaks, summer vacation, and special occasions like birthdays
• Education decisions: School choice, tutoring, special education services, and extracurricular activity participation
• Healthcare decisions: Medical, dental, and mental health treatment authority and insurance coverage
• Transportation and exchanges: Who provides transportation and where custody exchanges occur
• Communication provisions: How parents communicate about the child and how the child contacts each parent
• Dispute resolution: Mediation or other methods for resolving disagreements without returning to court
• Relocation provisions: Notice requirements and procedures if either parent plans to move

Shared Parenting Plans (180+ Overnights)

When both parents have the child for 180 or more overnights per year, South Dakota requires a detailed shared-parenting plan as part of the custody order. This plan must specify:

• The exact number of overnights each parent has per year
• How parenting duties and expenses are shared in proportion to each parent's income
• Decision-making authority for day-to-day and major life decisions

The shared-parenting threshold is significant because it triggers a different child support calculation method. Under SDCL 25-7-6.27, when both parents have at least 180 overnights, the court uses a cross-credit calculation that multiplies the combined basic obligation by 1.5, allocates it by income share, and offsets each parent's amount based on their percentage of nights with the other parent.

Child Support and Parenting Time

South Dakota uses the income shares model under SDCL 25-7-6.2. Your custody arrangement directly affects how support is calculated, and several parenting time thresholds trigger adjustments.

How Parenting Time Affects Support

• Standard arrangement: The noncustodial parent pays their proportionate share of the basic child support obligation based on each parent's share of combined income
• Extended parenting time (6+ nights/month): Under SDCL 25-7-6.14, when the obligor has the child for six or more nights per month, a 38–66% abatement of the basic obligation may apply
• Shared parenting (180+ nights each): The cross-credit method under SDCL 25-7-6.27 calculates each parent's theoretical obligation and offsets them, with the net difference flowing from the higher-obligation parent
• Split custody: Under SDCL 25-7-6.23, when each parent has primary custody of at least one child, separate obligations are calculated and offset

Key Support Provisions

• Self-support reserve: $871 per month protects low-income obligors from unreasonable orders
• Schedule cap: The statutory schedule applies to combined monthly net income up to approximately $30,000; above that, courts set support based on the child's needs
• Medical support: Every order must address healthcare; private insurance is required if accessible and reasonable in cost (8% or less of the obligor's net income)
• Unreimbursed medical costs: Expenses exceeding $250 per year per child are split proportionally between parents
• Duration: Support continues until age 18, or until age 19 if the child is a full-time high school student

For a complete breakdown of how South Dakota calculates child support, see our South Dakota child support guide.

Mandatory Parenting Education

Under SDCL 25-4A-32, both parents must complete a court-approved parenting education course within 60 days of service in any divorce, paternity, or custody case. This requirement became effective statewide in September 2022 and applies regardless of whether the case is contested or uncontested.

• Completion deadline: 60 days from service of the Summons
• Certificate filing: Parents must file a completion certificate (Form UJS-364) with the court
• Enforcement: No final decree enters until both parents comply or the judge waives the requirement for good cause

The course covers the impact of divorce on children, strategies for effective co-parenting, and communication techniques to reduce conflict. Completing this requirement early avoids delays in finalizing your case.

Mandatory Custody Mediation

South Dakota requires mediation in custody and parenting time disputes. Under SDCL 25-4-56 through 25-4-63, the court shall order mediation when parents cannot agree on custody or visitation arrangements. Key aspects of the mediation process include:

• Court-ordered: Mediation is mandatory, not voluntary, in contested custody cases
• Exceptions: Courts may waive mediation when there is a history of domestic violence convictions or when mediation is unavailable or inappropriate
• Costs: The court allocates mediation costs between the parties based on their financial circumstances
• Confidentiality: Mediation communications are confidential and generally inadmissible in court
• Parenting coordinators: In high-conflict cases, the court may appoint a parenting coordinator to help parents implement their plan

The Automatic Restraining Order and Relocation

When divorce papers are personally served in South Dakota, an automatic temporary restraining order (ATRO) takes effect immediately under SDCL 25-4-33.1. This order restricts both parties from:

• Transferring, hiding, or dissipating marital assets beyond normal expenses
• Harassing or disturbing the other parent
• Removing any minor child from South Dakota without written consent or a court order
• Changing insurance coverage or beneficiaries

The child relocation restriction is particularly important for custody cases. If you need to move with your child during the divorce, you must obtain either written agreement from the other parent or permission from the court before relocating. Violating the ATRO can result in contempt of court. For more on the overall filing process, see our South Dakota divorce filing checklist.

Modifying Custody Orders

South Dakota allows modification of custody and child support orders under the following framework:

• Within 3 years: Modification requires a showing of a substantial change in circumstances since the original order was entered
• After 3 years: Either parent can petition for modification without showing changed circumstances under SDCL 25-7A-22, making it significantly easier to revisit the order
• Income imputation: If a parent is voluntarily unemployed or underemployed, the court may impute income based on 1,820 hours per year at minimum wage ($11.50/hour as of January 2025)

To modify custody or parenting time, file a motion with the circuit court that issued the original order. The court will evaluate whether the modification serves the child's best interest. Child support modifications are heard by a referee who reports to the circuit court judge. To understand how contested versus uncontested paths affect your case, see our South Dakota uncontested vs. contested divorce guide.

The 60-Day Waiting Period

South Dakota imposes a mandatory 60-day waiting period under SDCL 25-4-34. No hearing or judgment can occur until 60 days after service of the Summons is completed. This applies regardless of whether parents have reached a full agreement on custody and all other issues.

During this period, temporary custody orders may be in effect, and the parenting guidelines serve as the default schedule unless the court orders otherwise. The waiting period gives both parents time to complete the mandatory parenting education course and attempt mediation before the case moves toward final resolution.

Key Takeaways

• Best interest standard controls: South Dakota judges evaluate each family's circumstances individually under SDCL 25-4-45 with no gender preference
• Default parenting guidelines: The UJS-302 Parenting Guidelines automatically become the enforceable plan unless a parent objects
• Parenting education required: Both parents must complete a court-approved parenting course within 60 days of service
• Mediation is mandatory: Courts must order mediation in contested custody cases, with exceptions for domestic violence
• Shared parenting threshold: 180+ overnights per year with each parent triggers the cross-credit support calculation
• Extended time abatement: 6+ overnights per month can reduce child support by 38–66%
• ATRO protects children: No child may be removed from South Dakota without consent or court order once divorce is filed
• Easy modification after 3 years: No need to show changed circumstances for support modifications filed more than 3 years after the original order
• 60-day waiting period: Mandatory before any hearing or judgment, regardless of agreement