Protecting the Well-Being of Children in Divorce

Nothing matters more to a parent than their children’s safety and future. When a marriage ends or parents separate, deciding where a child will live and who will make major decisions becomes a priority. At Myers Billion, LLP, our child custody lawyers in Sioux Falls understand the emotional stress these cases bring to families. We have served the local community since 1914, handling child custody matters with professionalism and personalized support. Whether you are dealing with a divorce or a paternity case, we provide the legal support you need to reach a stable resolution. We believe in making our clients feel safe while we manage the legal details of their situation.

Call our office at 605-501-5762 or fill out our online form to speak with a team member today.

Understanding Legal and Physical Custody in South Dakota

South Dakota law distinguishes between two main categories of custody: legal and physical. It is important to know the difference so you can advocate for the right arrangement for your family. Under South Dakota Codified Law 25-5-7.1, legal custody refers to the right and responsibility to make major decisions for the child. This includes choices about the child’s education, medical care, and religious upbringing. Many families choose joint legal custody so that both parents stay involved in these important life choices.

Physical custody refers to where the child lives and who is responsible for their daily care. A judge might award sole physical custody to one parent, with the other parent having visitation rights. Alternatively, the court may order joint physical custody if it serves the child’s welfare. Our firm helps parents draft clear legal documents that define these roles to prevent future conflict. We use our extensive experience to explain how these choices affect your daily life and your relationship with your kids.

The Best Interests of the Child Standard

When parents cannot reach an agreement, the court must step in to decide. In the Second Judicial Circuit, which includes Minnehaha and Lincoln counties, judges follow the best interests of the child standard. Under South Dakota Codified Law 25-4-45, the court considers what will benefit the child’s temporal, mental, and moral welfare. Judges evaluate several factors when determining a child’s future.

These factors often include:

• The ability of each parent to provide food, clothing, and medical care.
• The emotional bond between the child and each parent.
• Which parent has been the primary caretaker for the child.
• The stability of the home environment and the child’s adjustment to school and community.
• Each parent’s willingness to encourage a healthy relationship with the other parent.

If the child is old enough to form an intelligent preference, the judge may also consider their wishes. Our attorneys help you gather evidence to show the court that your proposed custody arrangements serve your child’s welfare.

Resolving Disputes Through Mediation and Court Proceedings

Court proceedings can be stressful for both adults and children. To lower this stress, South Dakota law mandates mediation for custody and visitation disputes. Under South Dakota Codified Law 25-4-56, the court shall order both parties to meet with a neutral person to try to resolve their conflicts. Mediation allows parents to keep control over the outcome rather than leaving it entirely to a judge. But mediation is not always possible, especially in cases involving abuse.

If mediation fails, your case will move toward a trial at the Minnehaha County Courthouse. Our team is ready to represent your interests in the courtroom. We manage the discovery process and clearly present your case to the judge. Our services also cover legal needs such as guardianship or adoption, should those issues arise for your family. Every legal action we take is aimed at securing a better future for your children.

Child Support Payments and Future Security

Custody decisions often lead to questions about child support. In South Dakota, child support payments follow state guidelines based on the income of both parents. Under South Dakota Codified Law 25-7-6.2, the court uses a specific schedule to determine the monthly obligation. Providing for your child means ensuring they have the financial resources they need for a healthy life. Our firm helps you understand how physical custody affects these calculations. If circumstances change later, such as a shift in income or the child’s needs, we can help you seek a modification.

Beyond custody, our attorneys assist with guardianship and adoption matters to provide long-term security for your family. Whether you are helping a family member through guardianship or growing your family through adoption, we offer the guidance you deserve. We take the time to answer your questions and manage the legal consequences of your case. Our goal is to resolve your legal concerns so you can focus on being a parent.

Reach out to us to speak with us about a child support matter by calling 605-501-5762 today. We’re eager to help you address whatever legal concern you’re facing.