Legal Information: South Dakota


December 21, 2022

If I don’t agree with the custody order, how can I get it changed?

In South Dakota, the standard parenting guidelines will set out the custody arrangement to be followed by the parents. You can object to the standard guidelines and the judge will order a hearing within thirty days. Considering the best interest of the child, the judge will then issue a temporary custody and visitation order.1

Once there is a final custody order in place, if there is a substantial change in circumstances from the time the custody order was issued, you can request a change (modification). The judge will hold a hearing to consider the best interest of the child as well as the other factors included the question How will the judge decide to grant joint physical custody? when deciding whether to grant the change requested.2

1 SDCL § 25-4A-13
2 SDCL § 25-4A-27

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