Question 1

Do I need a lawyer to file for custody?

Accepted Answer

No — you can file pro se using forms from your county's Family Court Self-Help Center or Family Law Facilitator at no cost. A lawyer is strongly recommended if your ex is contesting custody, there's a history of abuse, or you need to relocate. Legal aid organizations cover custody cases for income-qualifying mothers.

Question 2

How does the court decide who gets custody?

Accepted Answer

Judges apply the 'best interest of the child' standard, weighing each parent's caregiving history, stability, work schedule, the child's bond with each parent, any abuse or substance use, and (for older children) the child's preference. Being the primary caregiver — the parent who handles school, doctor visits, and daily routines — carries significant weight.

Question 3

What if my ex won't follow the parenting plan?

Accepted Answer

Document every missed exchange, denied visit, or violation with dates, screenshots, and witnesses, then file a Motion for Contempt or Motion to Enforce with the court that issued your order. Courts can order make-up time, fines, or even change custody for repeated violations. Don't withhold the child in retaliation — that can hurt your case.

Question 4

Can I get sole custody?

Accepted Answer

Yes, but courts presume joint custody is best unless you can show the other parent is unfit — documented abuse, untreated addiction, abandonment, or serious mental illness that endangers the child. Bring police reports, medical records, CPS findings, and witness statements. A guardian ad litem may be appointed to investigate.

South Dakota Unified Judicial System — Family Law

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