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In South Dakota, doesn't the mother usually get custody of the child? No. Mothers and fathers are equally entitled to seek and be awarded custody of their child. South Dakota law does not favor or discriminate against parents based on gender.

What are the basic steps in filing a lawsuit? File the Summons and Complaint. The person starting the case is called the Petitioner or Plaintiff. File the Answer. The person being sued is either called the Defendant or the Respondent. Prepare the case. The judge holds a hearing. The judge makes a decision.

South Dakota does not have a minimum age at which it takes the child's parental preference into consideration. This is largely determined by the court's assessment of the maturity of the child, and children as young as 8 or 9 have been given input as to which parent they would like to live with.

The term “mother state” refers to the outdated maternal preference doctrine, which historically led courts to favor mothers over fathers in child custody cases.

South Dakota law presumes that custodial parents have a right to relocate with their minor children unless the children's welfare is at risk. This doesn't mean that the custodial parent has the right to move whenever they want, which is why the noncustodial parent has the right to object to a proposed move.

Subject to the court's right to award custody of the child to either parent, considering the best interest of the child as to its temporal, mental, and moral welfare the father and mother of any minor child born in wedlock are equally entitled to the child's custody, service, and earnings.

But unlike some states, South Dakota law doesn't presume that joint physical custody is what's best for kids. (S.D. Codified Laws §§ 25-4A-21, 25-4A-26 (2024).) When parents have joint physical custody, the children spend a substantial (but not necessarily equal) amount of time living with each parent.

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