South Dakota Divorce with Children
Everything you need to know about divorce with children in South Dakota — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in South Dakota
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
South Dakota courts consider multiple factors when determining custody arrangements:
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Divorce.ai helps you build a comprehensive parenting plan that meets South Dakota court requirements.
Child Support in South Dakota
South Dakota uses the Income Shares Model under SDCL Chapter 25-7. The child support obligation is based on the combined monthly net income of both parents and the number of children. The state provides a Child Support Obligation Schedule that sets the basic support amount. Each parent's share is proportional to their percentage of combined net income. Adjustments are made for health insurance, child care costs, and extraordinary expenses. The guidelines are reviewed every four years as required by federal law.
Official South Dakota child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| UJS-312 | Divorce Complaint With Minor Children |
| UJS-311 | Summons With Children |
| UJS-304B | Financial Affidavit With Minor Children |
| UJS-364 | Affidavit on Court-Approved Parenting Course |
Mandatory Parenting Course
South Dakota requires both parents to complete a parenting education course when filing for divorce with minor children.
Under SDCL § 25-4-56, both parents must complete a court-approved parenting education course within 60 days of serving the summons and complaint in any case involving child custody or parenting time. The course must be at least four hours and covers the impact of divorce on children. An Affidavit on Court-Approved Parenting Course (UJS-364) must be filed with the court upon completion. Failure to complete the course may delay finalization of the divorce.
Typical cost: $50
Protect your children through the process
Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related South Dakota forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.