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South Dakota Family Court: Custody and Parenting-Time Guide

Plain-language South Dakota information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.

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This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.

State laws, court rules, and forms can change. Automated link checks will run every week once the monitoring job is deployed. Please check each cited source before relying on it. Report a broken link or changed law.

Find the right family court

The custody or parenting-time route described in this guide is handled through the South Dakota Circuit Courts. Other family-law matters can follow a different court or procedure.

Find the court for your area.

  • South Dakota has seven judicial circuits serving counties across the state; use the UJS court finder to identify the circuit for a county.Sources:Court Finder

How South Dakota courts decide custody

The UJS custody materials use the terms child custody, parenting time, and support for this family-court route.Sources:Uncontested Child Custody Visitation and Support, UJS-180 Checklist for Child Custody, Parenting Time, and Support Action

  • South Dakota's current custody-action statute says that, when a plaintiff files a summons and complaint in a custody action, the plaintiff also files and serves the standard guidelines.Sources:Codified Law 25-4A-11

Key legal sources

Parenting time

The UJS custody materials use parenting time in the title and identify current South Dakota Parenting Time Guidelines as an attachment to the initiating summons.Sources:Uncontested Child Custody Visitation and Support, UJS-180 Checklist for Child Custody, Parenting Time, and Support Action

Key legal sources

How to file

This draft is limited to an initial South Dakota Circuit Court custody, parenting-time, and support action by a parent using the UJS-180 checklist, where paternity is already established. It excludes contested proceedings, divorce, modification, enforcement, emergency, protection-order, nonparent, adoption, guardianship, interstate, tribal-court, and paternity-establishment matters.Sources:UJS-180 Checklist for Child Custody, Parenting Time, and Support Action

  1. Confirm the UJS-180 route fits

    The checklist directs a person who needs to establish paternity to contact the South Dakota Department of Social Services before using this custody-action checklist. Use this route only after confirming that limitation and the listed exclusions.Sources:UJS-180 Checklist for Child Custody, Parenting Time, and Support Action

  2. Prepare the initiating forms

    For the plaintiff's filing, UJS-180 lists a Case Filing Statement for each party (UJS-232), a Summons (UJS-181) with the current UJS-302 Parenting Time Guidelines attached, and a Complaint (UJS-182).Sources:UJS-180 Checklist for Child Custody, Parenting Time, and Support Action

  3. File the originals and use a UJS-183 service option

    The checklist directs the plaintiff to file the original initiating forms with the clerk and serve the summons, guidelines, complaint, and a blank Case Filing Statement. UJS-183 describes an admission-by-mail option, voluntary hand delivery with an admission, and sheriff or process-server service; certified mail is not proper service under the UJS-183 instructions. File the proof created or returned for the service option with the clerk.Sources:UJS-180 Checklist for Child Custody, Parenting Time, and Support Action, UJS-183 Instructions and Forms on Notice and Admission of Service

Official forms

Open the official forms portal.

Free court self-help

Find court self-help near you.

  • Dakota Plains Legal Services

    Area served: South Dakota and North Dakota, including nine tribes

    Provides free legal services and identifies family law among its practice areas.Sources:Dakota Plains Legal Services

    Eligibility: The organization describes help for low-income people, older Americans, veterans, and Native American communities; contact it to confirm current eligibility and capacity.

  • East River Legal Services

    Area served: Eastern South Dakota counties listed by the provider

    Describes assistance with divorce, custody, and protection-order matters.Sources:East River Legal Services

    Eligibility: The provider says eligibility requires residence in one of its listed South Dakota counties; contact it to confirm current capacity and other requirements.

Fee waivers

The UJS-180 checklist identifies a Motion, Affidavit, and Order to Waive Filing Fee (UJS-022) for a plaintiff who cannot afford the filing fee.Sources:UJS-180 Checklist for Child Custody, Parenting Time, and Support Action, UJS-022 Motion Affidavit and Order for Waiver of Filing and or Service Fees

Who may qualify

What to do

  1. Complete the current fee-waiver materials if needed

    The UJS-180 checklist directs a filer who cannot afford the filing fee to submit UJS-022 with the initiating forms. Use the current UJS form and follow the clerk's directions for the local filing.Sources:UJS-180 Checklist for Child Custody, Parenting Time, and Support Action, UJS-022 Motion Affidavit and Order for Waiver of Filing and or Service Fees

Official fee-waiver forms

Key statute or rule

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

State and local details to confirm

Part of Family Law in Your State.