Rapid City Divorce Attorney

How Is Child Custody Decided in South Dakota?

For separating parents, nothing is more important than the well-being of their children. At Beardsley, Jensen & Lee, we understand your concerns regarding where your children will live, who will be responsible for making child support payments, and how the future of your family will look.

In South Dakota, as in other states, the court decides on child custody and related matters by evaluating the “best interests of the child.” Child custody is not automatically granted to the mother, and neither parent is given preferential treatment by the court. Instead, the court will weigh a variety of factors to determine a child custody arrangement that is most beneficial to the child’s well-being.

Some factors used to determine child custody include:

• The child’s individual relationship with each parent
• The ability of each parent to care for the child’s physical, emotional, and financial needs
• The child’s age and overall physical and emotional health and well-being
• The child’s ties to the community, including their school and social/religious activities
• The child’s relationship to siblings and extended family members
• The mental and physical health and stability of each parent
• Whether either parent has been accused of or convicted of domestic violence
• Each parent’s willingness to allow/foster a relationship between their child and the other parent
• The child’s preferences (if applicable/appropriate)

Note that these are not the only factors used to determine child custody. Additionally, there are different types of custody; while one parent may have primary physical custody of their child, both parents may have equal legal custody, meaning both parents can make decisions regarding the child’s health care, schooling, religious upbringing, and more.

How Is Property Divided in a Divorce?

South Dakota is an “equitable distribution” state, which means that marital property will be divided in an equitable manner, or a manner the court deems “fair.” This does NOT mean that property is divided evenly, with an exact 50/50 split between the two spouses.

All “marital property” and “separate property” is subject to equitable division in South Dakota divorces. Marital property is any property that is acquired by either spouse during the marriage and includes things like bank account balances, retirement savings, shared family homes, vehicles, personal belongings, and even debts. Separate property is anything owned or obtained by one spouse prior to the marriage or inherited by or gifted to one spouse during the marriage.

In some cases, property that begins as separate property may be considered marital property if it was given to the other spouse or used for their benefit during the marriage. This could also occur if one spouse made significant contributions (whether financial or otherwise) to separate property during the marriage, such as a business or piece of real estate.

What to Do Before Hiring a Divorce Attorney

Divorces can become complicated and involve issues such as child custody, child support, property division, and spousal support. Before you contact an attorney, get a head start by gathering documents related to marital property, income, assets, income taxes, and debts. Try to think about how you would like to resolve issues, such as the custody of children and the division of property. Your attorney will likely advise you to try to work out a settlement agreement with your spouse.

If you can reach agreement, you will save time and money—as well as emotional turmoil. If you cannot reach agreement, it can become very difficult on every level and expensive. Your attorney will offer advice and recommendations; you will have to make the best decision you can under all the circumstances.

How Our Team Can Help

Since 1997, Beardsley, Jensen & Lee has been serving clients throughout Pennington County and beyond, providing reliable legal representation for a range of family law concerns. Our Rapid City divorce lawyers have helped families successfully navigate complex divorces, including those involving contentious child custody battles, high-value assets, shared businesses, and post-divorce modifications. We understand the difficulties divorce brings, and we know how to help you meet and overcome those challenges.

We are here to help you through every stage of the divorce process. We know that this is much more than just another legal case—it’s your life. Our team offers personalized support and compassionate guidance from start to finish, helping you find cost-effective solutions tailored to your unique concerns and goals.

For help with your divorce, contact Beardsley, Jensen & Lee online or call our office at (605) 777-7466 today. Your initial consultation is completely free and confidential.