Custody

If there’s an issue concerning custody or visitation between you and the other parent, the judge may order mediation to help you create, carry out, or change a plan for custody or visitation. 

Mediation should not be ordered if:

1. there is a domestic abuse conviction;
2. there is an assault conviction, except if it’s against a person related by blood but not living in the same household; 
3. there is a history of domestic abuse; 
4. mediation is not readily available; or
5. the judge determines that mediation is not appropriate based on the specific circumstances of the case.¹

If mediation is ordered:

• the cost of mediation will be distributed between you and the other parent;¹
• the process will be private; 
• the mediator could exclude attorneys from participating in the proceedings;² and
• any communication that is part of the proceeding, oral or written, is confidential and cannot be entered into evidence in any proceeding.³

If you and the other parent reach an agreement through mediation, the mediator will put it in writing and you and your attorney can review it before signing. Once an agreement is signed by both parents, it will be presented to the judge. The agreement will be binding once it is approved by order of the court.⁴

If no agreement is reached through mediation, the mediator will report this to the judge and may recommend that a full hearing about custody and visitation be held within 30 days.⁵

¹ SDCL § 25-4-56
² SDCL § 25-4-59
³ SDCL § 25-4-60
⁴ SDCL § 25-4-61
⁵ SDCL § 25-4-62