Reviewed August 2026
Child Custody in South Dakota
South Dakota's Unified Judicial System publishes a specific set of numbered forms for starting and resolving a child custody action. This makes South Dakota one of the more form-driven states for a parent representing themselves. To start an uncontested custody, parenting time, and support action, a parent files the UJS 180 instructions along with the UJS 181 summons and UJS 182 complaint. The case then proceeds through service, an answer, and either a stipulated agreement or a contested hearing. South Dakota law, at SDCL 25-4-45, addresses joint legal custody. It allows a court to award joint custody between parents when that arrangement serves the child's best interest, consistent with the broader best-interest standard South Dakota courts apply in custody cases generally. A distinctive feature of South Dakota practice is the required parenting course. Parents in a custody, visitation, or support case are generally expected to complete a court-approved parenting course. A parent who believes the requirement should not apply can file the UJS 364 statement to request a waiver.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child custody works under South Dakota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Dakota paperwork. See how Virdix works for California divorces.
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Starting a South Dakota custody action
South Dakota's Unified Judicial System provides a step-by-step process built around specific numbered forms. To start an uncontested custody action, a parent files the UJS 180 instructions for custody, parenting time, and support, along with the UJS 181 summons, the UJS 182 complaint, and a UJS 232 case filing statement. Once the case is filed, the other parent must be served, generally documented with the UJS 183 notice and admission of service. The responding parent then uses the UJS 184 instructions and answer form to reply to the action.
Joint custody under SDCL 25-4-45
South Dakota Codified Laws Section 25-4-45 addresses a court's authority to award joint legal custody between parents. In general terms, South Dakota law allows a court to grant joint legal custody when doing so serves the best interest of the child, consistent with the state's broader best-interest standard for custody decisions. Confirm the precise wording of SDCL 25-4-45 directly before relying on a specific detail, since this summary covers the statute's general subject matter rather than restating its full text.
The required parenting course
South Dakota expects parents involved in a custody, visitation, or support case to complete a court-approved parenting course as part of the process. The Unified Judicial System's UJS 364 form, a statement on the court-approved parenting course, serves either to confirm the course was completed or to ask the court to waive the requirement in a specific case. Check with the circuit court handling the case for the current list of approved course providers and the deadline for completing it.
Reaching an agreement or going to a hearing
If the parents agree on custody, parenting time, and support, South Dakota's UJS 185 stipulation form documents that agreement and gives the court a basis to enter a final order without a contested hearing. A UJS 089 form is used alongside it to collect the data needed for the child support order. If the parents cannot agree, the case moves toward a contested hearing in circuit court, where a judge decides based on the best interest of the child. Once the court reaches a final decision, the UJS 186 order and UJS 187 notice of entry of order formalize and communicate the outcome to both parties.
Getting help and where to file
South Dakota organizes its trial-level courts as circuit courts. A custody action is filed in the circuit court for the appropriate county. The Unified Judicial System's self-help center publishes the full set of custody, parenting time, and support forms, along with instructions for each stage of the process. A parent with questions about a specific form can contact UJS self-represented litigant help directly by email or phone instead of guessing at the correct paperwork.
Sources: South Dakota UJS self-help: Child Custody Documents, South Dakota UJS self-help: Shared Parenting Guidelines/Plans, South Dakota Legislature: SDCL 25-4-45
Not independently confirmed
- The exact current text of SDCL 25-4-45 (legislature site renders via JavaScript); the joint-custody summary here reflects the statute's general subject matter and should be confirmed against the current text.
- The full statutory best-interest factor list used by South Dakota courts, if separately codified, was not located.
- Whether the parenting course is mandatory in every case or only certain case types, and typical waiver criteria, were not fully confirmed beyond the existence of the UJS 364 waiver form.
Child Custody in South Dakota: frequently asked questions
What form do I use to start a custody case in South Dakota?+
South Dakota's Unified Judicial System provides the UJS 180 instructions for an uncontested custody, parenting time, and support action, along with the UJS 181 summons, the UJS 182 complaint, and the UJS 232 case filing statement. Find these forms through the UJS self-help center's pro se forms section.
Do I have to take a parenting class for a South Dakota custody case?+
Generally, yes. South Dakota expects parents in a custody, visitation, or support case to complete a court-approved parenting course. Use the UJS 364 form either to confirm the course was completed or to ask the court to waive the requirement in a particular case.
What does SDCL 25-4-45 cover?+
It covers a South Dakota court's authority to award joint legal custody between parents when that arrangement serves the child's best interest. Confirm the exact current statutory language directly before relying on a specific detail.
Where do I file a custody case in South Dakota?+
In the circuit court for the appropriate South Dakota county. South Dakota organizes its trial-level courts as circuit courts. The Unified Judicial System's self-help center provides the forms and instructions needed to start and respond to a custody action.
What happens if both parents agree on custody in South Dakota?+
The parents can use the UJS 185 stipulation form to document their agreement on custody, parenting time, and support, along with the UJS 089 form for child support data. The court can then enter a final order, documented with the UJS 186 order and UJS 187 notice, without a contested hearing.
Who do I contact with questions about South Dakota custody forms?+
Reach the Unified Judicial System's self-represented litigant help staff by email at ujssrlhelp@ujs.state.sd.us or by phone at the legal form helpline, 1-855-784-0004, for questions about specific UJS custody, parenting time, or support forms.
This page is general information about child custody in South Dakota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Dakota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Dakota. Virdix does not prepare or file South Dakota divorce paperwork. It is not a substitute for an attorney licensed in South Dakota.
More South Dakota divorce guides
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