Joint vs. Sole Custody in South Dakota: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

South Dakota names no presumption of joint custody or equal time and prefers neither parent. The court must consider joint physical custody on a parent’s application, weighing listed factors, and a history of domestic abuse creates a presumption against it.

Is joint custody presumed in South Dakota?

No. In awarding custody the court is guided by what appears to be for the child’s best interests in respect to the child’s temporal, mental and moral welfare, and as between parents adversely claiming custody neither may be given preference (SDCL 25-4-45). In any custody dispute, on either parent’s application the court shall consider granting joint physical custody and make written findings of fact and conclusions of law unless both parties waive them (25-4A-21).

What factors apply to a joint physical custody request in South Dakota?

Besides the best-interest factors: whether each parent is a suitable physical custodian with an appropriate dwelling; whether the child will suffer from lack of contact with both parents; whether a parent has denied the child contact without just cause; the parents’ mutual respect and communication; how actively each parent cares for the child; each parent’s support of the other’s relationship; the child’s wishes; alienation; whether a parent opposes joint custody; the geographic proximity of the parents; safety; sex offender registry contacts; false abuse allegations; and each parent’s capacity to provide basic needs, guidance and a fulfilling childhood (25-4A-24).

Does domestic abuse change the analysis in South Dakota?

A finding that a parent has a history of domestic abuse or an assault conviction creates a rebuttable presumption that joint physical custody is not in the child’s best interests (25-4A-22), and a conviction or history of domestic abuse also creates a rebuttable presumption against awarding custody to that parent (25-4-45.5).

Can the court order evaluations or mediation first in South Dakota?

Before ruling on a joint physical custody petition the court may require a home study or custody evaluation, and either parent may request mediation; the court allocates the costs (25-4A-23).

Does the child’s preference matter in South Dakota?

If the child is of sufficient age to form an intelligent preference, the court may consider it (25-4-45); the court may also appoint counsel for a child in some divorce and custody proceedings when mediation is not feasible (25-4-45.4).

Is there a preference for mothers or fathers in South Dakota?

No. As between parents adversely claiming custody, neither may be given preference over the other (25-4-45).

Does a rape or incest conviction matter in South Dakota?

There is a rebuttable presumption that it is not in the child’s best interest to place the child in the custody of, or grant visitation to, a person the court has found by clear and convincing evidence to have committed rape or incest against the other parent that resulted in the child’s conception (25-4A-20).

Do the guidelines yield to a protection order in South Dakota?

Yes. The standard guidelines are subject to any provision of a domestic protection order, an abuse or neglect order, a criminal bond condition or any other order affecting custody or support (25-4A-14).

How does custody connect to support in South Dakota?

The schedule sets the nights that child support uses. Count your schedule with the South Dakota parenting time calculator and run the South Dakota child support calculator.

Frequently asked questions

Does South Dakota favor joint custody?

No preference either way; the court must consider joint physical custody on application.

How does South Dakota decide custody?

On the child’s best interests, with no preference between parents and extra factors for joint physical custody.

Does South Dakota prefer mothers or fathers?

No. Neither parent may be given preference.

Does domestic abuse affect South Dakota custody?

Yes. A conviction or history creates a rebuttable presumption against custody for the abusive parent and against joint physical custody.

Can a South Dakota child choose a parent?

The court may consider the preference of a child old enough to form an intelligent one.

Official sources

Going through a divorce or custody case in South Dakota?

A local family law attorney can review your situation — many offer a free consultation.

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This is general information, not legal advice. It is based on the cited South Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Dakota attorney.