Preparing for a Custody Hearing in South Dakota

What a Custody Hearing Actually Is

A final contested custody trial in South Dakota is a bench trial — there is no jury. A circuit court judge hears testimony, reviews evidence, and makes a decision based on the best interests of the child under the Fuerstenberg v. Fuerstenberg framework. The hearing happens when parents cannot agree on custody through mediation (generally required under SDCL § 25-4-56, subject to statutory exceptions) and the case proceeds to a contested resolution.

If you are representing yourself — "pro se" — the judge will hold you to the same procedural rules as an attorney. You must present evidence properly, examine witnesses appropriately, and make arguments grounded in the legal standard. The court will not coach you through the process, though some judges offer limited procedural guidance.

Organize Your Evidence Around the Fuerstenberg Factors

The single most important thing you can do before a hearing is organize your evidence to match what the judge is legally required to consider. South Dakota circuit court judges evaluate custody disputes using these factors:

Parental fitness. Gather documentation that shows your capacity to provide a safe, nurturing environment:

• Proof of stable housing (lease, mortgage statement)
• Employment verification or income documentation
• Medical records showing you address the child's healthcare needs
• School records demonstrating your involvement (parent-teacher conference attendance, volunteering)

Primary caretaker history. This is about who has been doing the daily work of raising the child:

• Records of scheduling and attending medical and dental appointments
• Evidence of school involvement — report cards you signed, teacher communications
• Affidavits from people who have observed your daily caregiving (a neighbor who sees you at the bus stop, a daycare provider)

Stability and continuity. Show that your home provides consistency:

• How long the child has lived in their current home, attended their current school, participated in community activities
• Evidence of established routines — consistent bedtime, meal schedules, homework habits

Friendly parent factor. Demonstrate your willingness to support the child's relationship with the other parent:

• Communication logs showing cooperative co-parenting exchanges
• Evidence that you facilitate and encourage the child's time with the other parent
• Do not badmouth the other parent in any document or testimony — it actively hurts your case

Prepare Your Documents

Bring organized, labeled copies of everything. A good system:

1. Three copies minimum — one for the judge, one for the other party (or their attorney), and one for yourself to reference during testimony
2. Tabbed binder or folder — organize by topic (housing, income, school involvement, communication logs, child's medical records)
3. Chronological witness list — if you plan to call witnesses, prepare a list with their names, their relationship to the situation, and a brief description of what they will testify about. File this with the court in advance if your local circuit requires it.

Documents you should have ready:

• Financial statements (Form UJS-023 if not already filed)
• The child's school records and report cards
• Medical records relevant to custody (immunization records, specialist visits you have managed)
• A proposed parenting plan with a detailed residential schedule
• Any text messages, emails, or communications relevant to co-parenting or the issues in dispute (print these — do not plan to scroll through your phone in court)

Courtroom Etiquette

South Dakota circuit courts are formal. The basics matter more than you might think:

• Arrive early. Check in with the clerk's office and confirm which courtroom you are in.
• Dress professionally. Business or business-casual attire. No hats, no graphic t-shirts, no sunglasses on your head.
• Stand when the judge enters and exits. Address the judge as "Your Honor."
• Do not interrupt. When the other parent or their attorney is speaking, wait. You will get your turn. Interrupting signals to the judge that you cannot manage conflict — which is exactly what a custody case is testing.
• Stay calm. Custody hearings are emotionally charged by nature. The parent who remains composed, factual, and focused on the child's wellbeing — rather than attacking the other parent — makes a stronger impression.
• Silence your phone completely. Not vibrate. Off.

Pro Se Representation: Know the Limits

Representing yourself in a custody hearing is legally permitted and plenty of parents do it successfully, especially in cases with clear facts and limited complexity. But be honest with yourself about when the situation exceeds DIY territory:

• If the other parent has an attorney and you do not, you are at a significant procedural disadvantage. Consider at least a limited-scope consultation with a family law attorney to review your evidence and coach you on courtroom procedure.
• If the case involves domestic violence allegations, substance abuse, or contested relocation, the legal and evidentiary standards are more complex. These cases benefit from professional representation.
• If a custody evaluation has been ordered (running $6,000–$7,000), the stakes are high enough that investing in an attorney for the hearing itself is usually worth it.

South Dakota's Unified Judicial System provides free self-help resources at ujs.sd.gov, including form packets and procedural instructions. These cover the mechanics of filing and service but do not provide strategic guidance on how to present your case.

The Day Before the Hearing

Final preparation checklist:

• Review your evidence binder one more time. Can you find any document within 30 seconds?
• Write a brief outline of your opening statement — who you are, what arrangement you are requesting, and why it serves the child's best interests. Keep it under three minutes.
• Prepare your key questions for any witnesses you plan to call. Write them out so you do not forget under pressure.
• Confirm any witnesses are available and know where and when to appear.
• Get a good night's sleep. A rested, clear-headed parent presents better testimony than one who stayed up all night rehearsing.

The South Dakota Child Custody & Parenting Plan Guide includes an evidence-organizer worksheet and a mediation-preparation checklist built around the Fuerstenberg factors — the same framework the judge will use. Preparing with that structure means your evidence presentation mirrors the court's analytical framework, which makes the judge's job easier and your case stronger.

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