What are South Dakota Family Court Records?

Family Court Records refer to all the records and files produced and maintained regarding cases that a Family Court oversees. The information typically found in family court records includes case details, party information, court orders, and evidence such as digital recordings or photographs.

These documents comprise any materials that shed more light on the details of the dispute, the disputants, and their connections. The court clerk is responsible for maintaining and managing these and other South Dakota court records, ensuring their accuracy and accessibility.

South Dakota family court records also contain other materials related to the dispute, such as digital recordings, photographs, and phone data. The court maintains a file for each case, which includes all relevant documents and evidence. Filing documents with the court ensures that these filings become part of the official record for each case.

What Is a Family Court in South Dakota?

In the South Dakota Unified Judicial System, the circuit courts conduct general trials and hold the court's jurisdiction over all family-related matters. There are seven circuits in the state as well as thirty-eight circuit judges to serve them all.

What Cases are Heard by Family Courts?

The types of family cases heard by the South Dakota Circuit Court include, with each matter handled as a separate court case:

• Divorce
• Support Orders
• Legal Custody
• Paternity Disputes
• Adoption

How to Serve Family Court Papers in South Dakota

The process of serving family court papers begins with filling out the forms related to the case. If the plaintiff is using the services of a lawyer, their lawyer will most likely send over the forms. However, if the plaintiff is representing themselves, they can find the necessary forms online on the South Dakota Unified Judicial System’s forms index. These forms include instructions for proper completion and service to help guide users through the process.

These forms must be filled out carefully, legibly, and in triplicate. This is so that one copy can go to the court, one to the defendant, and the plaintiff can keep one. The filled forms must be taken to the local courthouse, where they will be filed, and a summons will be attached. This summons will be directed to the defendant. It will require them to answer the complaint or proceeding being brought forward and to submit a copy of his answer to the plaintiff at the plaintiff’s address within 30 days after he has been served the summons.

Papers have been served once they have been delivered personally to the defendant. The plaintiff can do this themselves, or if they desire, they can hire a process server to serve the papers. If this is done, the plaintiff must fill out an Affidavit of Personal Service.

Papers can be served via mail in a divorce proceeding. If this is done, the defendant must receive a copy of the papers being served, two copies of the notice, an admission of service that he or she must fill out, and a return envelope addressed to the seller with the requisite postage stamps already on it.

Who Can Serve Family Court Papers in South Dakota?

In the state of South Dakota, no license is necessary to serve family court papers. This means anyone over 18 and not involved in the case can serve family court papers.

What is Contempt of Court in Family Law in South Dakota?

Contempt of court is defined as any action or behavior that disobeys, disrespects, or denigrates a court's jurisdiction. Actions that interfere with the court's ability to administer justice are most often seen as contemptuous. According to the Statutes of the South Dakota Legislature, an individual can be held in civil and criminal contempt.

1. Civil Contempt

An individual is held in civil contempt to force compliance with the court's orders and declarations. Compliance with a court order is required to avoid civil contempt sanctions. When given a civil contempt sanction, the contemnor can forego the sanction simply by obeying the court’s orders. For instance, civil contempt can occur when a parent obstructs the other parent’s rights to visitation as ordered by the court. Conversely, it can also happen when a parent refuses to deliver the child to the other parent at the appropriate visitation end-time.

If the court finds that the individual is indeed in contempt, having known the court's standing orders and willfully disobeying them, then a civil sanction will be issued. This sanction might order that the aggrieved parent get more residential time with the children to make up for the time wrongfully taken, or include a civil penalty that orders the offending parent to seek therapy. The sanction can be avoided if the contemnor desists from disobeying the court’s orders. Parties have the right to seek enforcement of court orders if the other party fails to comply.

2. Criminal Contempt

An individual is held in criminal contempt when they commit any act in the presence of the court that hinders its functions to administer justice or that insults the authority of the court.

If an individual is determined to be in criminal contempt, the judge will order sanctions to punish the contemnor for their actions. These sanctions are punitive and meant to ensure that future acts of contempt are not committed. Therefore a criminal contempt sanction, once issued by the judge, must be served, whether or not the contemnor chooses to change their behavior in the future.

For instance, criminal contempt can occur if a party to the case repeatedly behaves in a disorderly manner in the presence of the court or insults the authority of the judge. This can be criminally sanctioned immediately if the sitting judge certifies that the action was conducted in his or her presence. The sanction can order that the contemnor be held in prison for not more than thirty days or can be fined for a sum not exceeding one hundred dollars.

Are Family Court Records Public in South Dakota?

According to the South Dakota Sunshine Law, members of the public have access to criminal and civil court records by default. Hence, South Dakota marriage records, licenses, divorce records and agreements and case information pertaining to spousal disputes may be disclosed to the public. It is important to access current records to ensure you have the most accurate and up-to-date information. This excludes family law cases that deal with adoption, neglect, or abuse as they are sealed by default under statutes 15–15A–7.

When searching for records, you can look up details by case number or party name.

You can use the public access system to find and request court records efficiently.

How to Access Family Law Cases in South Dakota State

The State of South Dakota gives the public access to family law cases on the UJS Online Judgment Query System. Records can be accessed by creating an account and paying for search services. When searching for court records, users can search by case number or party name to locate specific cases. The system allows searching for records that are located in various court facilities across the state.

Additionally, publicly available records may be accessible from some third-party websites. These websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching a specific or multiple records. To find a record using the search engines on these sites, interested parties must provide:

• The name of someone involved, providing it is not a juvenile
• The assumed location of the record in question such as a city, county, or state name

Searching for records on third-party sites may involve cases that are located in different jurisdictions, so it is important to know where the record originated.

Third-party sites are not government-sponsored websites, and record availability may differ from official channels.

Both government websites and organizations may offer divorce and marriage records. Similarly, third party public record websites can also provide these types of records. But because third party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning availability of these types of records cannot be guaranteed.

Are Child Custody Records Public In South Dakota?

In South Dakota, custody proceedings fall under SD Codified Laws Chapter 25-4. While court records are generally open to public inspection, family court records involving minor children are confidential. Custody records that contain sensitive information such as guardian ad litem reports, psychological evaluations, or parenting plans are not available to the general public. Access is restricted to the parties, their attorneys, and authorized agencies. Courts may provide docket information, but substantive custody filings are sealed or redacted to safeguard children’s privacy.

How to Obtain South Dakota Family Court Records by Mail

To obtain family court records by mail, individuals must submit formal requests as follows:

• Fill out an application form and ensure it is signed in front of a notary.
• Attach a copy of their photo ID and include the appropriate fee.
• Mail the request to the State Office at 207 E. Missouri, Suite1-A, Pierre, SD 57501.

Are South Dakota State Divorce Records Sealed or Public Records?

South Dakota divorce records are deemed civil court records and as such are available to the public.

How Do I Find Divorce Records in South Dakota?

The Department of Health maintains divorce records in South Dakota. These records typically include court documents and other related records. You can request divorce records in person, via post, online, or by phone.

To find divorce records in person, interested parties must visit the State Office at 207 E. Missouri, Suite 1-A, Pierre, SD 57501. Requesters will have to:

• Fill out and sign an application for the record
• Pay the requisite fee.
• Provide a valid photo I.D such as State or Federal Identification.

Please note that the length of the divorce case or hearing may affect the availability or cost of records.

How to Obtain South Dakota Divorce Records Online or by Telephone

Divorce records can also be requested online or over the phone through the Department of Health or by calling 1–605–773–4961. Payment can be made using all major credit cards.

Family Court Records can include marriage records and divorce records. These records contain personal information of those involved and their maintenance is critical should anyone involved wish to make changes. Because of this both marriage and divorce records can be considered more difficult to locate and obtain than other public records, and may not be available through government sources or third party public record websites.