South Dakota Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an South Dakota divorce
How custody is determined §25-4A-12
Courts determine custody based on the best interests of the child, considering each parent's history of interaction with the child, the child's adjustment to home and school, and any history of domestic abuse.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §25-7-6.2
South Dakota uses an income-shares model to calculate child support.
- Based on combined net income of both parents using South Dakota Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings
- Health insurance and childcare costs are factored into the calculation
- Income can be withheld directly from the paying parent's employer §25-7A-14
The parenting plan
Most South Dakota courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §25-4-40
In an action for separate maintenance, courts may award temporary alimony, suit money, and permanent support for a spouse and the children of the parties. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a material change in circumstances and that modification is in the child's best interests. §25-4A-17
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General answers to common questions. Specific outcomes depend on your facts and timing.
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Related guides
- Based on combined net income of both parents using South Dakota Child Support Guidelines
- Presumptive guideline amount; deviation requires written findings
- Health insurance and childcare costs are factored into the calculation