Title 25, DOMESTIC RELATIONS

If either party objects to the initial custody arrangement in § 25-4A-11 or the standard guidelines, the court shall order a hearing which shall be held not later than thirty days after the date of the objection. In making an order for temporary custody, the order for custody sha…

The standard guidelines are subject to any provision established by a South Dakota state court in the following: a temporary or permanent domestic protection order, an order arising out of an abuse or neglect proceeding, a bond condition arising out of a criminal case, and an ord…

The court may order either party to pay attorney fees and costs in an action filed under §§ 25-4A-9 to 25-4A-16 , inclusive, in accordance with § 15-17-38 or any other applicable statute. Source: SL 2002, ch 125 , § 7.

The parents are responsible for payment of child support in accordance with § 25-7-6.1 . Source: SL 2002, ch 125 , § 8.

Subject to the jurisdictional and procedural provisions of chapter 26-5B , any parent subject to a court order of this state or subject to the jurisdiction of a court of this state pursuant to chapter 26-5B relating to visitation, custody, or child support may request the court t…

If an existing custody order or other enforceable agreement does not expressly govern the relocation of the principal residence of a child, a parent who intends to change his or her principal residence shall, provide reasonable written notice by certified mail or admission of ser…

The notice required in § 25-4A-17 shall contain the following: (1) The address and telephone number, if known, of the new residence; (2) The purpose for relocating; (3) Why the relocation is in the best interest of the child; and (4) The relocating party's proposed visitation pla…

At the request of the nonrelocating parent, made within thirty days of the notice of relocation, the court shall hold a hearing on the relocation. If no request for hearing is made within thirty days of notice, the relocation is presumed to be consented to by the nonrelocating pa…

Any party granted visitation or custody rights to a child by a court decree may request the court to enter an order to show cause why the other party should not be held in contempt of court for violation of the decree relating to visitation or custody of the child. Upon receipt o…

There shall be a rebuttable presumption that it is not in the best interest of the child for the court to place the child in the custody of or to grant visitation rights to a person that the court has found by a standard of clear and convincing evidence to have committed an act o…

In any custody dispute between parents, upon application of either parent, the court shall consider granting joint physical custody of a minor child. The court shall consider the factors set forth in § 25-4A-24 , and shall make written findings of fact and conclusions of law rega…

A finding by the court that a parent has a history of committing domestic abuse or has an assault conviction as defined in § 25-4-45.5 , creates a rebuttable presumption that joint physical custody is not in the best interests of the child. Source: SL 2014, ch 122 , § 2.

Prior to ruling on a joint physical custody petition the court may require the parties to participate in a home study or a custody evaluation. Prior to the court ruling on a joint physical custody petition, either parent may request mediation pursuant to § 25-4-56 . In any case w…

In considering a contested request for joint physical custody, in addition to the traditional factors for determining the best interests of a child, the court shall consider the following factors: (1) Whether each parent is a suitable physical custodian for the child; (2) Whether…

If both parents agree to joint physical custody of a child, the court is not required to consider the factors set forth in § 25-4A-24 . Source: SL 2014, ch 122 , § 5.

Nothing in §§ 25-4A-21 to 25-4A-27 , inclusive, creates a presumption of joint physical custody. The court shall determine the appropriate physical care, custody, and control of a minor child based on a determination of the best interests of the child. Source: SL 2014, ch 122 , §…

The enactment of §§ 25-4A-21 to 25-4A-27 , inclusive, does not constitute a substantial change in circumstances justifying the modification of existing custody orders, but the provisions of §§ 25-4A-21 to 25-4A-27 , inclusive, shall apply to modification proceedings which are oth…

The Unified Judicial System shall develop and maintain the form on its website labeled, parenting time enforcement. The form shall include the following information: (1) The court case number; (2) The name of the custodial parent and the name of the noncustodial parent; (3) The n…

The Supreme Court shall, commencing in the year 2021, establish quadrennially a Commission on Parenting Time Guidelines. The commission shall review the standard parenting guidelines outlined in § 25-4A-10 and shall report its findings and recommendations to the Supreme Court, Go…

At the hearing, the court shall affirmatively inquire into the matters of visitation and custody and enter any orders the court deems appropriate. The alleged contemnor has the right to remain silent and the right to counsel. Source: SL 1994, ch 195 , § 3.

The commission shall be composed of seven members. (1) The Supreme Court shall appoint the following positions: (1) A member of the South Dakota Judiciary; (2) A member in good standing of the South Dakota State Bar; (3) A professional in the field of childhood development. (4) T…

The Commission shall hold at least three public hearings on three separate occasions prior to the submission of the report. In addition to public testimony, the Commission may receive and review other information deemed necessary in preparation of its report and recommendations. …

The parties to any action which involves the issues of child custody or parenting time will be required to participate in a court-approved course to educate the parties concerning the impact of the action on the child or children. The course shall be completed within sixty days o…

In any custody or visitation dispute between parents, the court may appoint a custody evaluator to assist the court in determining the best interests of the child. Source: SL 2026, ch 248 (Supreme Court Rule 26-07), eff. Dec. 31, 2026. Commission Note: By order dated June 3, 2026…

At the request of either party, or on the court’s own motion, a custody evaluator may be appointed in any custody or parenting time proceeding. The parties may agree to use a custody evaluator, subject to approval by the court, or the court may designate a custody evaluator for t…

The terms used in §§ 25-4A-33 to 25-4A-38 , inclusive, mean: (1) Custody evaluation: An evaluation based on personal interviews, interactions and observations of the parties and minor children that makes a recommendation to the court as to custody and parenting time for minors. (…

A custody evaluator must satisfy the following minimum qualifications: (1) File an approved application on the prescribed form with the presiding judge for the circuit in which the evaluator will provide custody and parenting time evaluation services; (2) Have a general knowledge…

Any person not meeting the educational requirements of subdivision 25-4A-36 (5) may be appointed as a custody evaluator upon consent of the parties, and order approving the same at the court’s discretion. The person is still required to comply with the training requirements of su…

The purpose of a custody evaluation is to provide the court with information it may consider in making decisions regarding custody and parenting time arrangements that are in the child's best interest. A custody evaluator shall consider and respond to the factors as set forth by …

An alleged contemnor may plead and prove that the movant voluntarily relinquished the actual care, control, and possession of the child for time encompassed by the court - ordered periods of possession. Such a relinquishment is an affirmative defense in whole or part to the order…

If a noncustodial parent believes that the custodial parent has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion …

If the court finds that any party has willfully violated or willfully failed to comply with any provisions of a custody or visitation decree, the court shall impose appropriate sanctions to punish the offender or to compel the offender to comply with the terms of the custody or v…

Any order of the court for parenting time shall have attached a copy of § 25-4A-5 . Source: SL 2018, ch 155 , § 1.

The provisions of § 23A-38-2 do not apply to §§ 25-4A-1 to 25-4A-5 , inclusive. Source: SL 1994, ch 195 , § 8; SL 2026, ch 119 , § 1.

For the purposes of §§ 25-4A-9 to 25-4A-16 , inclusive, the term, standard guidelines, means the parenting guidelines established by court rules promulgated by the South Dakota Supreme Court pursuant to § 25-4A-10 . Source: SL 2002, ch 125 , § 1; SL 2008, ch 126 , § 1.