South Dakota Divorce With Children — Custody and Child Support (2026)

South Dakota Circuit Court applies the "best interests of the child" standard in all custody determinations.

South Dakota Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions — commonly awarded in South Dakota
• Sole legal custody: One parent has decision-making authority — when cooperation is impractical or domestic violence present

Physical Custody

• Primary physical custody: Child lives primarily with one parent; other parent has parenting time
• Shared physical custody: Substantial time with each parent

Best Interests of the Child — South Dakota Factors (SDCL § 25-4-45)

South Dakota courts consider all relevant factors, including:

1. The child's preference (based on age and maturity)
2. The mental and physical health of all parties
3. The child's need for stable home environment
4. The quality of child's adjustment to home, school, and community
5. Each parent's willingness to support the child's relationship with the other parent
6. History of domestic abuse
7. Conduct and lifestyle of each parent
8. Any other factor relevant to the child's best interests

Domestic violence: South Dakota courts give substantial consideration to documented domestic violence.

Parenting Plan — Required

A comprehensive Parenting Plan must be filed with the Separation Agreement and Complaint. It must address:

• Legal custody designation (joint or sole)
• Primary residence and regular parenting schedule
• Holiday and vacation schedule
• Healthcare decision-making
• Educational decisions and information access
• Transportation and exchange logistics
• Communication between parents
• Relocation notice requirements
• Dispute resolution process

South Dakota Child Support Guidelines

South Dakota uses an income shares model:

1. Determine both parents' gross monthly income
2. Apply allowable deductions
3. Combined income → SD Child Support Schedule
4. Allocate proportionally between parents
5. Adjust for health insurance premiums, childcare, and parenting time

Duration: South Dakota child support generally continues to age 18 or through high school graduation (not to exceed 19).

Income Withholding Order: Routinely issued.

Modification: Petition Circuit Court when income changes materially (generally 10%+ change or significant life event).

Last reviewed: March 2026 | SDCL § 25-4-45 best interests | Joint legal custody common | Parenting Plan required — filed with Complaint | Income shares child support | Support ends at 18/HS graduation (max 19) | Domestic violence: substantial weight | Circuit Court — county of domicile | ujs.sd.gov/self_help/family.aspx

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.