South Dakota Custody Costs and Court Fees
Court Filing Fees
The baseline filing fee for a civil action in South Dakota — including a divorce with children or a standalone custody petition — is $97 under SDCL § 16-2-29(3)(k). Some counties add modest surcharges for law library funds, dispute resolution programs, or court automation, which can push the actual filing cost to $95–$120 depending on the circuit.
If you are returning to court post-decree to modify custody or child support, the filing fee drops to $50 under SDCL § 16-2-29(4). This fee is automatically waived if you receive Title 28 public assistance benefits (TANF, SNAP, or Medicaid).
Fee Waivers (Form UJS-022)
If you cannot afford the filing fee, South Dakota allows you to request a waiver using Form UJS-022 — Motion, Affidavit, and Order to Waive Filing Fee and/or Service of Process Fee. The form requires you to disclose your income, expenses, assets, and debts. A judge reviews the affidavit and decides whether the fee is waived.
The waiver covers filing fees and potentially the cost of service of process. It does not cover mediation fees, custody evaluation costs, parenting education course fees, or attorney fees — those are separate expenses.
Service of Process
After filing, the other parent must be formally served with the summons, complaint, and Parenting Guidelines (Form UJS-302). Service through the county sheriff costs:
- $50 base fee under SDCL § 7-12-18 for the service itself
- Mileage — this varies by county. Minnehaha County (Sioux Falls) and Pennington County (Rapid City) charge a flat $10–$12. Rural counties may bill actual round-trip mileage at $0.40–$0.70 per mile.
A private process server is an alternative, usually costing $50–$100 depending on location and the number of attempts required.
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Attorney Fees
South Dakota family law attorneys charge between $118 and $415 per hour, with most Sioux Falls and Rapid City attorneys in the $200–$350 range. The total cost of legal representation depends almost entirely on whether the case settles or goes to trial:
| Case Type | Estimated Attorney Cost Range |
|---|---|
| Uncontested / stipulated | $1,500 – $5,000 |
| Mediated settlement | $3,000 – $8,000 |
| Contested with evaluation | $10,000 – $25,000+ |
| Contested through trial | $15,000 – $40,000+ |
These numbers are per parent. A contested case with a custody evaluation can cost both parents a combined $40,000 or more.
Limited-scope representation is an option worth exploring. Instead of hiring an attorney for the entire case, you hire one for specific tasks — reviewing your proposed parenting plan, coaching you before a hearing, or representing you only at trial. This can reduce costs significantly while still giving you professional guidance at the critical moments.
Custody Evaluations
When the court orders a custody evaluation under SDCL § 25-4A-23, the cost is substantial: $6,000 to $7,000 is the standard range for a full evaluation in South Dakota. This covers the evaluator's time for parent interviews, home visits with the children, collateral contacts, background checks, and a written report with a custody recommendation.
The court allocates the cost between the parents — typically 50/50, though the judge can adjust based on each parent's financial resources.
If a psychological assessment (such as the MMPI) is ordered as part of the evaluation, it may add to the total; ask the evaluator for a separate estimate.
Mandatory Parenting Education
Both parents must complete a court-approved parenting education course within 60 days of service under SDCL § 25-4A-32. Course fees are $20 to $50 per parent, paid directly to the approved provider. The court clerk cannot waive this provider fee.
If you have completed an approved course within the past five years, you may file Form UJS-364 to request a waiver of the requirement. The court grants waivers for good cause, which is narrowly construed.
Mediation Costs
Mandatory mediation under SDCL § 25-4-56 is typically split between the parents. The court allocates the cost, usually 50/50, based on each parent's financial resources. Each mediator sets an hourly rate, and sessions often last one to two hours; the number of sessions varies with cooperation and complexity.
Total mediation cost depends on the mediator's rate, the number of sessions, and the court's allocation.
The Total Picture
For an uncontested case where both parents cooperate:
| Expense | Cost |
|---|---|
| Filing fee | $97 |
| Service of process | $60–$75 |
| Parenting education | $20–$50 |
| Total | $177–$222 |
For a fully contested case through trial:
| Expense | Cost (per parent) |
|---|---|
| Filing fee | $97 |
| Service of process | $60–$75 |
| Parenting education | $20–$50 |
| Mediation | Varies by mediator and case |
| Custody evaluation (shared) | $3,000–$3,500 |
| Attorney fees | $15,000–$40,000 |
| Subtotal before variable mediation | $18,177–$43,722, plus variable mediation costs |
The gap between those two numbers is the strongest possible argument for working toward a stipulated agreement. Every hour you and the other parent spend negotiating in good faith is an hour that does not cost $300 in attorney fees.
The South Dakota Child Custody & Parenting Plan Guide helps you build a court-ready parenting plan for a fraction of what an attorney charges for the same work — covering the same Fuerstenberg factors, schedule templates, and child support calculations that a family law attorney would walk you through at $200+ per hour.
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