By Madelyn Cline, Goosmann Law Omaha
Disclaimer: Please note that the information provided herein is for general informational purposes only and shall not be construed as legal advice or in any way create an attorney-client relationship with the firm.
When parents are involved in custody disputes that cross state lines, a common and critical question arises: Can I file my child custody case in South Dakota?
Like every other U.S. state (aside from Massachusetts), South Dakota has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to answer this question. In South Dakota, the UCCJEA is codified in SDCL Chapter 26-5B1, and it lays out clear rules for determining when a South Dakota court can and cannot make child custody rulings.
The Key Concept: “Home State”
Under SDCL 26-5B-201, South Dakota courts have jurisdiction to make an initial custody decision only if:
- South Dakota is the child’s “home state” on the date the custody case is filed, or
- South Dakota was the home state within six months before the case was filed, and the child is now absent, but a parent still lives in South Dakota.
The law defines “home state” as the state where the child has lived with a parent for at least six consecutive months immediately before the case starts (SDCL 26-5B-102(7)). For children under six months old, it’s where the child has lived since birth.
Temporary Emergency Jurisdiction
A court may exercise temporary emergency jurisdiction when the child is present in the state and the child has been abandoned, or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse (SDCL 26-5B-204). This emergency jurisdiction is temporary and is available to protect parties until a court in the state with preferred jurisdiction is aware of the emergency and can issue an order or decline jurisdiction in favor of another state.
What If No State Qualifies As the Home State?
If no state meets the home state requirement, South Dakota may still have jurisdiction only if:
- The child and at least one parent have a significant connection with South Dakota beyond just being physically present (SDCL 26-5B-201(2)(A));
- There is substantial evidence in South Dakota about the child’s care, protection, training, and relationships (SDCL 26-5B-201(2)(B); and
- No other state has jurisdiction or has declined to exercise it.
Why It Matters
These jurisdictional rules prevent conflicting custody orders between states and discourage “forum shopping” (trying to get a favorable outcome by filing in a particular state). If South Dakota lacks jurisdiction under the UCCJEA, the court cannot make a custody determination, and the case must be filed in the proper state.
If you have questions about which state has jurisdiction in your case, it is important to discuss all the facts of your unique case with a South Dakota child custody lawyer to determine the merits of your case. Our experienced Sioux Falls child custody and family law attorneys are here to help.
You can schedule a consultation by contacting your local Goosmann Office at (605) 371-2000 or by filling out the contact form on our website. Please do not provide any confidential or privileged information on the form.