How to Modify a Custody Order in South Dakota

The Threshold: Substantial Change in Circumstances

You can't reopen a custody case in South Dakota just because you've changed your mind or think the current arrangement is inconvenient. Under SDCL § 25-4-45, the parent seeking modification must demonstrate a substantial change in circumstances that has occurred since the original order was entered — and that the change materially affects the child's welfare.

This is a deliberately high bar. Courts value stability for children, and the Fuerstenberg best-interest framework treats continuity in the child's living arrangement as a significant factor. To overcome the stability presumption, you need to show that something meaningful has shifted.

What Qualifies as a Substantial Change

South Dakota case law recognizes several categories of changes that can justify modification:

Relocation. If a parent plans to move a significant distance — especially out of state — that changes the practical reality of the existing parenting schedule. The relocating parent must provide 45 days' written notice under SDCL § 25-4A-17, and the other parent can object and request a hearing.

Safety concerns. New evidence of domestic violence, substance abuse, child neglect, or unsafe living conditions can justify a modification. The court takes these seriously, especially when the concern directly impacts the child.

The child's changing needs. A child who has entered school may need a different schedule than the one designed when they were an infant. A teenager may express a strong, reasoned preference for living primarily with one parent. Medical or educational needs may require adjustment.

A parent's refusal to comply. If one parent consistently violates the existing order — denying parenting time, blocking communication, failing to cooperate on major decisions — that pattern of noncompliance can constitute a change in circumstances.

Material income changes. For child support modifications, a significant increase or decrease in either parent's income may justify recalculation. The Social Security Fairness Act repealed the Windfall Elimination Provision and Government Pension Offset for benefits payable January 2024 onward. Any resulting increase in a parent's Social Security income could constitute a substantial change for child support purposes.

What Doesn't Qualify

Routine life changes generally don't meet the threshold:

• A new romantic relationship (unless the partner poses a safety concern)
• Minor scheduling inconveniences
• Buyer's remorse about the original agreement
• General disagreements about parenting style (unless they rise to the level of parental misconduct)

The Filing Process

To modify custody in South Dakota:

1. File a motion in the same Circuit Court that issued the original order. The filing fee for a modification is $50 under SDCL § 16-2-29.
2. Serve the other parent with the motion and notice of hearing.
3. Attend mediation if the court orders it. Mandatory mediation under SDCL § 25-4-56 applies to modification disputes, with the same domestic violence exception.
4. Present your case at a hearing. You'll need to prove the substantial change in circumstances and show that the proposed modification serves the child's best interests.

If you're a recipient of TANF, SNAP, or Medicaid, the $50 modification filing fee is automatically waived. For everyone else, Form UJS-022 lets you request a fee waiver.

The 2026 Parenting Guidelines and Existing Orders

The updated South Dakota Parenting Guidelines that took effect July 1, 2026 don't automatically modify existing court orders. If your current order was issued before that date, it remains in force as written.

However, if a substantial change in circumstances already exists independently (a relocation, a safety concern, a child reaching school age), the court will apply the 2026 guidelines as the current standard when fashioning a new parenting plan. You can't use the guidelines update alone as the basis for a modification — you still need an independent substantial change.

Modification vs. Enforcement

Not every problem with a custody order requires a modification. If the other parent is violating the existing order — denying your scheduled parenting time, for example — the remedy is enforcement, not modification. You file a Motion for Enforcement under SDCL § 25-4A-4.1, and the court must schedule a hearing within 21 days. The court can order makeup time, attorney's fees, and other sanctions.

Modification changes the order. Enforcement makes the other parent follow the order that already exists. Know which one you actually need before filing.

The South Dakota Child Custody & Parenting Plan Guide covers both modification and enforcement, with checklists for documenting your change-in-circumstances evidence and preparation templates for modification hearings.

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