The rest of what we have written about South Dakota. Every figure is quoted from South Dakota’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in South Dakota: who they are, what they owe your child, and who pays
If custody is contested in South Dakota, the court can appoint someone to look into your family and report to the judge. This page is what South Dakota’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.
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Everything below is traced to South Dakota’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.
The short version7 points · tap one to jump to it
- What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
- How an appointment happens
- What duty they owe your child
- Who can be appointed — The statute appoints 'counsel' (an attorney) for the child, but separately allows the court to designate additional, non-attorney persons to assist: 'The court may designate other persons who may or may not be attorneys' to assist with these duties.
- Who pays — We looked for an official South Dakota fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one.
- Custody evaluations — South Dakota governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem.
- The thing worth knowing about South Dakota
In this subject 9
What the role is called here
The short version7 points · tap one to jump to it
- What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
- How an appointment happens
- What duty they owe your child
- Who can be appointed — The statute appoints 'counsel' (an attorney) for the child, but separately allows the court to designate additional, non-attorney persons to assist: 'The court may designate other persons who may or may not be attorneys' to assist with these duties.
- Who pays — We looked for an official South Dakota fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one.
- Custody evaluations — South Dakota governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem.
- The thing worth knowing about South Dakota
In this subject 9
Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.
How an appointment happens
the court may appoint counsel for any child involved in any divorce or custody proceeding
Source: SDCL § 25-4-45.4 · source
What duty they owe your child
best interests
The counsel shall be charged with representation of the child’s best interests
Source: SDCL § 25-4-45.4 · source
Who can be appointed
The statute appoints ‘counsel’ (an attorney) for the child, but separately allows the court to designate additional, non-attorney persons to assist: ‘The court may designate other persons who may or may not be attorneys’ to assist with these duties. SDCL § 25-4-45.4.
Who pays
The court shall allocate the cost of the appointed counsel between the parents, guardians, or custodians involved
Source: SDCL § 25-4-45.4 · source
We looked for an official South Dakota fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one. That is true of most states — only a handful publish figures at all, among them Arkansas, Massachusetts and Minnesota, and those are subsidized program rates rather than market ones.
The numbers circulating online come from law-firm marketing pages. We will not repeat those as though they were sourced. Call your county family court clerk and ask what appointees there actually charge. It is local, current, and free.
Custody evaluations
South Dakota governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem. An evaluator is a witness, not an advocate — and their recommendation is a recommendation, not a ruling a judge is bound by.
Source: SDCL § 25-4A-23 (Home study or custody evaluation–Mediation) · source
Before an evaluation begins, it is worth asking which psychological instruments will be used. The peer-reviewed literature is openly critical of several still in circulation — one has interrater reliability reported as ranging from 50% to 100%. The evidence, in full.
The thing worth knowing about South Dakota
South Dakota does not use ‘guardian ad litem’ terminology for private divorce/custody cases; it appoints ‘counsel’ for the child under SDCL 25-4-45.4, who represents the child’s best interests, and the statute explicitly permits the court to designate additional non-attorney persons to assist that counsel.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- South Dakota child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made