When determining custody, South Dakota court are guided by consideration of what appears to be for the best interests of the child in respect to the child's temporal and mental and moral welfare. A South Dakota court may, but is not required to, consider the following factors in determining the best interests and welfare of the child:
- parental fitness,
- stability,
- primary caretaker,
- child's preference,
- harmful parental misconduct,
- separating siblings, and
- substantial change of circumstances.