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South Dakota family-law guide · reviewed August 22, 2026

South Dakota Legal Custody, Physical Custody & Parenting Time

Current, source-linked South Dakota terminology and rules without imported out-of-state formulas.

Legal information, not legal advice. South Dakota law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the Circuit Court receiving your case.

South Dakota terminology

Legal custody

Joint or sole — major decisions about the child.

Physical custody

Where the child primarily lives.

Parenting time

The scheduled time with each parent.

Circuit Court

Where South Dakota family cases are heard.

Core rules

  • South Dakota uses 'legal custody', 'physical custody', and 'parenting time'
  • The court decides based on the child's best interests (SDCL 25-4-45)
  • South Dakota creates no presumption of joint physical custody (SDCL 25-4A-26)
  • If either parent requests joint physical custody, the court considers the 23 factors in SDCL 25-4A-24 and makes written findings unless waived
  • Cases are heard in the South Dakota Circuit Court

Support and modification cautions

South Dakota uses a combined monthly net income schedule under SDCL ch. 25-7. A shared-parenting cross credit (SDCL 25-7-6.27) may be considered when a detailed order provides that a child resides at least 180 nights per calendar year in each parent's home; it is discretionary and separate from custody presumptions.

Official sources reviewed August 22, 2026

Always confirm current local forms, fees, and filing procedure with the Circuit Court clerk handling your case.

Confirm current court fees and deadlines. Court fees, filing and response deadlines, hearing timing, notice periods, and local procedures can change or vary by South Dakota county. Before relying on any amount or time period on this page, confirm the current amount or deadline with the Circuit Court clerk handling your case.