Filing for Child Custody in South Dakota (With or Without Divorce)
Parents who are not in a relationship need to figure out how they will raise their child in separate households. Filing for child custody means you request a court order to make your parenting arrangements enforceable by law. You can file for custody as part of a divorce or on its own if you've never married.
Your lawyer will start your case for you. If you choose to represent yourself, use the information below to get started.
Fill out your forms
Your child must have lived in South Dakota for the past six months — or since birth if they're less than six months old — for the court to make a custody order.
You're the plaintiff. The other parent is the defendant.
You can find child custody forms online and divorce with children forms online.
Both divorce and custody cases require:
- A complaint for your case type
- A summons for your case type (Find the summons for a nondivorce in the child custody packet, not the list of individual forms.)
- Case Filing Statement
- Financial Affidavit
- South Dakota Parenting Guidelines
- Child Support Obligation Worksheet
Attach the parenting guidelines to the back of your summons unless you've already agreed to an alternate parenting plan.
If the parenting guidelines don't suit your circumstances and you haven't agreed to a parenting plan, prepare an Objection to Order Implementing Guidelines.
You must sign every form in front of a notary or court clerk. Bring a photo ID.
After signing the forms, make a copy of each for your records. Make another copy of the complaint, summons and parenting guidelines to give to the defendant. You should also print a blank Case Filing Statement for them.
Paternity action
A custody case concerning a child born to unmarried parents is called a paternity action.
Before getting a custody order, parents must establish paternity by signing a Voluntary Acknowledgement of Paternity (if you agree on who's the father) or requesting genetic testing. Parents are responsible for the cost of the test.
If you and the other parent agree on a custody arrangement, fill out the forms below as well:
- Stipulation Custody, Parenting Time & Support Agreement
- Order (Paternity Action) — complete only the box at the top
Divorce
South Dakota does not have a residency requirement to file for divorce. Anyone currently in the state may file for divorce.
If you and the other parent agree on all divorce terms, fill out the forms below as well:
- Stipulation and Settlement Agreement for Divorce with Minor Children
- Affidavit as to Jurisdiction and Grounds for Divorce with Minor Children
Hand in your forms
Take your original forms to the circuit court in your county. You must take your forms to the county where your spouse lives if you're divorcing. Give them to the court clerk.
If you've agreed on a parenting plan, include it with your forms. If you haven't, you can file one later if you eventually agree.
The filing fee for divorce is about $100, while the one for a paternity case is about $70. Fill out a fee waiver if you cannot afford the fee. If your request is denied, you must pay the fee within 30 days or the court will dismiss your case.
Serve your forms
Service is how the defendant finds out you've started a case. They must receive a blank Case Filing Statement and copies of the summons (with parenting guidelines attached) and complaint.
To learn how to serve, see the court's instructions for serving divorce papers or instructions for serving custody papers.
After service, you must file proof of service with the court. The defendant has 30 days after service to respond. They should not answer if you reached an agreement. If you haven't reached an agreement and they don't respond, the court may issue a default judgment against them.
Both parents must complete a parenting education course within the 60 days after service. You can find a class online.
Preparing for what's next
If a parent files an objection to the parenting guidelines, expect a hearing next. A judge will decide the best temporary arrangements for custody, child support and other matters in the case.
If you reach an agreement, you might not have to appear in court at all. After the court approves your forms, you'll receive your order. (For divorce, this will be at least 60 days after you file your case.)
Regardless of where your case takes you, custody software helps you prepare.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, prepare settlement paperwork or organize evidence.
Be prepared for your hearing and every step of your case with Custody X Change.
Resources
We'd like to thank Attorney Eric Schlimgen in Spearfish, Attorney Hollie Smith of Loos, Sabers and Smith in Rapid City and Attorney Tony Teesdale in Brookings for helping us understand child custody in South Dakota.
For more guidance, look to:
- South Dakota Codified Laws: Custody and Visitation Rights
- South Dakota Rules of Procedure in Circuit Courts
- Guide and File — generates divorce paperwork you can file with the court