South Dakota lawChild CustodyRelocationDivorceGuardianships

Child Custody and Parenting Time in South Dakota

September 26, 2026 · LawDiver Research Team

Start with S.D. Codified Laws §§ 25-4A-1 to 25-4A-27. In South Dakota, South Dakota uses Legal custody and physical custody; parenting time schedules implement physical custody.. Courts apply best-interests factors including parental fitness, the child’s relationship with each parent, stability, and any history of domestic abuse. Joint custody may be ordered when in the child’s best interests; South Dakota favors continuing contact with both parents when safe. That is the question this guide answers for child custody and parenting time. Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree. Modification: A substantial change of circumstances is required to modify custody.

Best-interests factors in South Dakota

Courts apply best-interests factors including parental fitness, the child’s relationship with each parent, stability, and any history of domestic abuse.

Legal custody and physical custody; parenting time schedules implement physical custody.

Joint custody may be ordered when in the child’s best interests; South Dakota favors continuing contact with both parents when safe.

How the South Dakota rule applies

Apply the South Dakota authorities in order. The facts are simplified so the statute and the standard are visible.

Two parents in South Dakota disagree about where the child lives during the school week, and one wants to move.

  1. Use the labels South Dakota actually uses: Legal custody and physical custody; parenting time schedules implement physical custody..
  2. Apply the best-interests factors: Courts apply best-interests factors including parental fitness, the child’s relationship with each parent, stability, and any history of domestic abuse.
  3. Check any parenting presumption: Joint custody may be ordered when in the child’s best interests; South Dakota favors continuing contact with both parents when safe.
  4. If a move is proposed: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree. Later changes follow: A substantial change of circumstances is required to modify custody.

Custody is addressed in divorce or a custody petition. Mediation may be ordered. Final decrees allocate legal and physical custody and a parenting schedule.

Relocation with a child

A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree.

Modifying a South Dakota custody order

A substantial change of circumstances is required to modify custody.

How custody cases typically move in South Dakota

Custody is addressed in divorce or a custody petition. Mediation may be ordered. Final decrees allocate legal and physical custody and a parenting schedule.

Case law: custody and parenting time in South Dakota

Kenneth E. JASPER, Plaintiff and Appellee, v. Sharyl I. JASPER, Defendant and Appellant

Kenneth E. JASPER, Plaintiff and Appellee, v. Sharyl I. JASPER, Defendant and Appellant, 1984 S.D. LEXIS 342 (1984)

…ce from the other, the marital estate was divided and child custody and child support were set out. The child custody determination is the only facet of the divorce decree questioned on this appeal. We reverse and remand that portion of the trial court’s decree. After the parents’ separation, from October of 1982 until February of 1983, a period of approximately four and one-ha…

On child custody, Kenneth E. JASPER, Plaintiff and Appellee, v. Sharyl I. JASPER, Defendant and Appellant speaks to the South Dakota dispute in this passage: "The child custody determination is the only facet of the divorce decree questioned on this appeal. We reverse and remand that portion of the trial court’s decree." The surrounding opinion shows how the court applied that language to the record.

Stephanie R. CROUSE, Plaintiff and Appellee, v. Matthew CROUSE, Defendant and Appellant

Stephanie R. CROUSE, Plaintiff and Appellee, v. Matthew CROUSE, Defendant and Appellant, 1996 S.D. LEXIS 101 (1996)

KONENKAMP, Justice. [¶ 1] In a divorce action involving the custody of three children, the trial court found the husband was not the father of the oldest boy and granted custody to the mother. The *415 court also awarded her the parties’ two biological children pursuant to the rule which restricts splitting half-siblings. The husband appeals asserting the court never considered…

On child custody, Stephanie R. CROUSE, Plaintiff and Appellee, v. Matthew CROUSE, Defendant and Appellant speaks to the South Dakota dispute in this passage: "KONENKAMP, Justice. [¶ 1] In a divorce action involving the custody of three children, the trial court found the husband was not the father of the oldest boy and granted custody to the mother." The surrounding opinion shows how the court applied that language to the record.

Timothy D. MELDRUM, Sr., Individually and as the Biological Parent and Natural Guardian of T.D.M — Amundson, J

Timothy D. MELDRUM, Sr., Individually and as the Biological Parent and Natural Guardian of T.D.M — Amundson, J, 2002 S.D. LEXIS 16 (2002)

…fare should be of utmost importance, even when evaluating a custody battle between a parent and non-parent. There is a plethora of cases in this state placing “the best interest of the child” on a pedestal above all other considerations in custody battles. See, e.g., In re W.G., 1999 SD 85, ¶ 22, 597 N.W.2d 430, 434 (stating “[t]he best interest of the children must always prev…

Practitioners open Timothy D. MELDRUM, Sr., Individually and as the Biological Parent and Natural Guardian of T.D.M — Amundson, J when South Dakota child custody turns on the distinction in this sentence: "There is a plethora of cases in this state placing “the best interest of the child” on a pedestal above all other considerations in custody battles. See, e.g., In re W.G., 1999 SD 85, ¶ 22, 597 N.W." Do not lift it out of the facts the court was deciding.

Jennifer L. KEEGAN, Plaintiff and Appellant, v. Timothy A. GUDAHL, Defendant and Appellee

Jennifer L. KEEGAN, Plaintiff and Appellant, v. Timothy A. GUDAHL, Defendant and Appellee, 1994 S.D. LEXIS 190 (1994)

…parties’ divorce, the South Dakota statute governing child custody determinations in divorce cases stated: In an action for divorce the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. SDCL 25-4-45. The court’s general jur…

Practitioners open Jennifer L. KEEGAN, Plaintiff and Appellant, v. Timothy A. GUDAHL, Defendant and Appellee when South Dakota child custody turns on the distinction in this sentence: "In an action for divorce the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or modify the same. SDCL 25-4-45." Do not lift it out of the facts the court was deciding.

Lee E. FORTIN, Plaintiff and Appellee, v. Stephanie L. FORTIN, Defendant and Appellant — Miller, J., dissenting

Lee E. FORTIN, Plaintiff and Appellee, v. Stephanie L. FORTIN, Defendant and Appellant — Miller, J., dissenting, 1993 S.D. LEXIS 55 (1993)

…view of a majority of the states that “if a parent who has custody of a child has good reason for living in another state, removal will be permitted, providing such a move is consistent with the best interests of the child.” Id. at 810. Clearly, under our settled law, *234the burden is on the custodial parent, Stephanie, to show that a proposed move is “consistent with the bes…

Practitioners open Lee E. FORTIN, Plaintiff and Appellee, v. Stephanie L. FORTIN, Defendant and Appellant — Miller, J., dissenting when South Dakota child custody turns on the distinction in this sentence: "view of a majority of the states that “if a parent who has custody of a child has good reason for living in another state, removal will be permitted, providing such a move is consistent with the best interests of the child.” Id. at 810. Clearly, under our settled law, *234the bur" Do not lift it out of the facts the court was deciding.

In the Matter of the GUARDIANSHIP OF Andrew Paul JANKE. Lillian Paige JANKE, Plaintiff and Appellee, v. James Allen

In the Matter of the GUARDIANSHIP OF Andrew Paul JANKE. Lillian Paige JANKE, Plaintiff and Appellee, v. James Allen, 1993 S.D. LEXIS 50 (1993)

…her) appeals from the circuit court's denial of a change in custody in Lake County, Fourth Judicial Circuit. The two appeals have been consolidated. We affirm. *208 FACTS Lillian P. Miles (Mother) and Father were married in August 1970. Andrew was born in Michigan on November 22, 1977. A second child, Laura Janke (Laura), was born in Madison, South Dakota, on February 8, 1981.…

In the Matter of the GUARDIANSHIP OF Andrew Paul JANKE. Lillian Paige JANKE, Plaintiff and Appellee, v. James Allen is worth reading on South Dakota child custody because the court put the point in its own words: "Lake County, Fourth Judicial Circuit. The two appeals have been consolidated. We affirm. *208 FACTS Lillian P. Miles (Mother) and Father were married in August 1970. Andrew was born in Michigan on November 22, 1977." Use that passage as the starting point, then read the facts that precede it.

Key takeaways

  • Best-interests standard: Courts apply best-interests factors including parental fitness, the child’s relationship with each parent, stability, and any history of domestic abuse.
  • Labels used in South Dakota: Legal custody and physical custody; parenting time schedules implement physical custody..
  • Parenting-time posture: Joint custody may be ordered when in the child’s best interests; South Dakota favors continuing contact with both parents when safe.
  • Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree.
  • Modification: A substantial change of circumstances is required to modify custody.
  • Primary authority: S.D. Codified Laws §§ 25-4A-1 to 25-4A-27.

Frequently asked questions

What does South Dakota call “custody”?

Legal custody and physical custody; parenting time schedules implement physical custody.

Can I move out of state with my child?

A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the decree.

How do I change an existing custody order in South Dakota?

A substantial change of circumstances is required to modify custody.

This guide covers South Dakota custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.

Child Custody in South Dakota (2026) | LawDiver