How to File for Custody in South Dakota: Steps, Forms, and Deadlines
Who Can File and Where
Custody actions in South Dakota are filed in Circuit Court. You file in the county where either parent resides. If you're filing as part of a divorce, the custody petition is included in your divorce complaint. If you're not married to the other parent, you file a standalone custody action.
South Dakota has no minimum pre-filing residency requirement for the parent initiating a divorce — you need to be a bona fide resident at the time of filing under SDCL § 25-4-30, but there's no six-month or one-year waiting period. You must, however, maintain residency until the court enters its final judgment.
For custody jurisdiction specifically, the child must have lived in South Dakota for at least six consecutive months before the filing under the UCCJEA (SDCL Chapter 26-5B). This is a critical distinction: you can file for divorce on the same day you establish residency, but you can't get a permanent custody order if the child hasn't been a South Dakota resident for six months.
The Forms You Need
The Unified Judicial System (UJS) provides standardized form packets for pro se litigants. For a custody action filed with a divorce:
- UJS-311 — Summons for Divorce with Minor Children
- UJS-312 — Complaint for Divorce with Minor Children
- UJS-232 — Case Filing Statement
- UJS-023 — Financial Statement
- UJS-302 — South Dakota Parenting Guidelines (must be served on the other parent)
For a standalone custody action (unmarried parents), the UJS self-help portal has a separate custody packet.
Filing Fees and Waivers
The filing fee for a civil action is $97 under SDCL § 16-2-29. Some counties add small surcharges for law library or court automation funds, bringing the actual cost to $95–$120 depending on the county.
If you can't afford the fee, file Form UJS-022 — the Motion, Affidavit, and Order to Waive Filing Fee. You'll need to disclose your income, assets, and expenses. For a modification, the $50 fee is waived if you receive TANF, SNAP, or Medicaid; for an initial custody action, Form UJS-022 is the fee-waiver request.
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Service of Process
After filing, you must serve the other parent with the summons, complaint, financial statement, and the UJS-302 Parenting Guidelines. Service must be done by the county sheriff or a private process server — you cannot serve the papers yourself.
The sheriff charges a standard $50 service fee under SDCL § 7-12-18, plus a mileage fee that varies by county. Minnehaha County (Sioux Falls) and Pennington County (Rapid City) charge a flat $10–$12 for mileage. Rural counties bill actual round-trip mileage at $0.40–$0.70 per mile.
What Happens After Service
Service triggers three important deadlines:
The 60-day waiting period under SDCL § 25-4-34 applies to a divorce and starts on the date of completed service. No judge can sign the final divorce decree before Day 61. This period is mandatory and cannot be waived.
The 30-day answer window gives the other parent 30 days to file a written answer (Form UJS-184). If they don't respond, you can apply for a default judgment after the 60-day period expires.
The 60-day parenting class deadline requires both parents to complete a court-approved parenting education course within 60 days of service under SDCL § 25-4A-32. The court cannot enter a final divorce decree or final custody order until both parents file their certificates of completion.
The Automatic Temporary Restraining Order
The moment the other parent is served, the Automatic Temporary Restraining Order under SDCL § 25-4-33.1 takes effect for both parents. Neither parent may:
- Transfer, hide, or dissipate marital assets
- Cancel or change insurance coverage
- Remove the children from the state without written consent or a court order
These restrictions stay in place until the court enters its final decree.
Uncontested vs. Contested Paths
If both parents agree on custody, parenting time, and child support, they can file a stipulation with their agreed parenting plan — Form UJS-185 for a standalone custody action or Form UJS-325 for a divorce with children. The court reviews it, confirms it serves the child's best interests, and may approve it at a hearing.
If you can't agree, the court orders mandatory mediation under SDCL § 25-4-56. If mediation fails, the case moves toward a contested hearing or trial, where a judge applies the Fuerstenberg best-interest factors to make the decision.
The South Dakota Child Custody & Parenting Plan Guide covers each of these steps with practical worksheets — including a timeline tracker for your key deadlines and preparation templates for mediation and hearings.
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