Is there an official South Dakota guardianship of a minor petition form?

No. South Dakota publishes numbered UJS forms for a guardianship or conservatorship of a minor, but every one of them applies after a guardian is already appointed, covering things like an initial inventory, an annual accounting or report, or a petition to modify, resign, or terminate. There is no statewide, fillable initial petition form, so the petition itself must be drafted to satisfy the content SDCL 29A-5-203 requires, typically with a lawyer.

What court handles a South Dakota guardianship of a minor petition?

Circuit court, in the county where the minor resides or is present. South Dakota's Unified Judicial System has no separate probate or family court, so one of the state's judicial circuits hears the petition under the South Dakota Guardianship and Conservatorship Act, SDCL Title 29A, chapter 5, Part 2.

How long can a South Dakota temporary guardianship last?

In no event may a South Dakota temporary guardian or conservator be appointed for more than 6 months. A temporary appointment requires a showing that an immediate need exists and that the appointment serves the minor's best interests, and it carries only the powers listed in the order appointing it.

Who must be notified of a South Dakota guardianship petition?

The minor, if age 10 or older, must be personally served with the notice and petition at least 14 days before the hearing. The petitioner must also mail a copy to all other entities and individuals age 10 or older named in the petition, including the minor's spouse, children, parents, siblings or nearest intestate heirs, current custodian, and any guardian or conservator already acting. Notice can be dispensed with entirely if everyone entitled to it waives it and the court finds proceeding without notice serves the minor's best interests.

Does a South Dakota minor have to consent to a guardianship?

No. South Dakota law does not require a minor's affirmative consent to a guardianship. A minor age 14 or older instead has the right to nominate their own guardian or conservator, in writing or orally to the court, and that nomination is weighed under the same best-interests standard the court applies to a parent's nomination.

Does South Dakota guardianship of a minor end a parent's rights?

No. Guardianship is a separate legal status from adoption and does not terminate a parent's parental rights. A parent may later petition the court, as an interested person, to end the guardianship if the minor no longer needs the assistance or protection of a guardian or conservator.

Will a South Dakota court investigate the proposed guardian?

A court investigation and an appointed attorney for the minor are discretionary in a South Dakota minor guardianship, ordered only if the court concludes an appointment is necessary, not automatic. Separately, though, nearly every proposed guardian or conservator must file an Interstate Identification Index criminal history check and a South Dakota civil-judgment check for abuse, neglect, or exploitation of an elder or adult with a disability, and must complete State Bar of South Dakota-approved training; the judge may not sign the appointment order until both are filed and reviewed, unless the court waives or modifies them for good cause.

Is a bond required for a South Dakota guardian of a minor?

A guardian of the minor's person does not need a bond except for good cause shown. A conservator of the minor's estate needs a bond only if the court decides one is necessary, considering the estate's value and income, whether funds are held in a court-controlled account, and whether a nomination requested that bond be waived.

What if a South Dakota child is in danger right now?

If a child faces abuse, neglect, or immediate danger, contact the state's child protective agency or law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is a South Dakota guardianship petition the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody or parenting time is handled through a custody or parenting-plan process, not through a guardianship petition.

South Dakota Guardianship of a Minor Petition

South Dakota hears this petition in circuit court under the Guardianship and Conservatorship Act, has no statewide initial petition form even though it publishes numbered post-appointment forms, caps a temporary guardianship at 6 months, and bars the judge from signing an appointment order until the proposed guardian's background check and State Bar training certificate are filed, even though a court investigation or attorney for the minor is only discretionary.

Find out where you stand in South Dakota

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In South Dakota, a relative or other adult who wants to become a minor's guardian files a Petition for Appointment of Guardian, or Guardian and Conservator, of a Minor in circuit court, in the county where the minor resides or is present, under the South Dakota Guardianship and Conservatorship Act, SDCL Title 29A, chapter 5, Part 2. Every numbered UJS guardianship form applies only after an appointment already exists, such as an inventory or annual accounting; there is no statewide, fillable initial petition form, so the petition must be drafted to meet the content SDCL 29A-5-203 requires. For an urgent situation, the court may appoint a temporary guardian or conservator on a showing of immediate need and the minor's best interests, but in no event may that temporary appointment last more than 6 months. The minor, if age 10 or older, must be personally served with notice at least 14 days before the hearing, and a minor age 14 or older may nominate their own guardian, though no statute requires the minor's affirmative consent. Before the judge may sign the appointment order, the proposed guardian must file a criminal history check and complete State Bar-approved training unless the court waives either for good cause, while a court investigation or attorney for the minor is ordered only if the court finds one necessary. Guardianship does not terminate a parent's parental rights and is not adoption. If a child faces abuse, neglect, or immediate danger, contact the child protective agency and consider a protective order instead. Attorney review is available before you file.

Key Things to Know

1
South Dakota hears a guardianship of a minor petition in circuit court, in the county where the minor resides or is present, under the South Dakota Guardianship and Conservatorship Act, SDCL Title 29A, chapter 5, Part 2. There is no statewide, fillable initial petition form; every numbered UJS form on the state's guardianship forms page covers something that happens after appointment, such as an inventory, an annual accounting, or a petition to modify or terminate, so the petition itself must be drafted to meet the content SDCL 29A-5-203 requires.
2
The court may appoint a temporary guardian or conservator on a showing of immediate need and the minor's best interests, but in no event may that temporary appointment last more than 6 months. A temporary guardian holds only the powers the appointment order lists, and the application is exempt from the background-check and training prerequisites that apply to a general appointment.
3
The minor, if age 10 or older, must be personally served with the notice and petition at least 14 days before the hearing; everyone else entitled to notice who is age 10 or older gets a mailed copy. The hearing itself must be set within sixty days of filing, and the court can dispense with notice altogether if everyone entitled to it waives it and the court finds proceeding without notice serves the minor's best interests.
4
South Dakota does not require a minor's affirmative consent to a guardianship. Age 14 instead gives a minor the right to nominate their own guardian or conservator, in writing or orally to the court, subject to the same best-interests screening the court applies to a parent's nomination.
5
A parent may nominate a guardian or conservator for an unmarried minor by will or other signed writing, and the court may appoint that nominee if eligible and in the minor's best interests, but no parental nomination may override a guardian the court already appointed. Where a non-parent seeks guardianship over a fit parent's objection, the parent's custody is presumed to serve the child's best interest, rebuttable only by proof such as abandonment, persistent neglect, or other extraordinary circumstances that would seriously harm the child. Guardianship does not terminate the parent's parental rights and is not adoption; it is a separate legal status that a parent may later ask the court to end.
6
A court investigation and an attorney for the minor are discretionary, ordered only if the court concludes one is necessary, not automatic in every case. But before the judge may sign the appointment order, the proposed guardian or conservator, other than a bank or trust company, must file an Interstate Identification Index criminal history check and a South Dakota civil-judgment check for abuse, neglect, or exploitation of an elder or adult with a disability, and must complete training curricula the State Bar of South Dakota approves, unless the court waives or modifies these requirements for good cause. A felony conviction makes a person ineligible unless the court finds appointment in the minor's best interests.
7
The court may not require a bond from a guardian of the minor's person except for good cause shown. A conservator of the minor's estate needs a bond only if the court decides one is necessary, weighing the estate's value and income, whether funds sit in a court-controlled account, and whether a nomination asked that bond be waived; either bond can later be raised, lowered, or eliminated.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE CIRCUIT COURT, [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT COUNTY OF [COUNTY], STATE OF SOUTH DAKOTA

IN THE MATTER OF THE GUARDIANSHIP [AND CONSERVATORSHIP] OF [CHILD'S FULL NAME], A MINOR

Case No. [CASE NUMBER]

PETITION FOR APPOINTMENT OF GUARDIAN [AND CONSERVATOR] OF A MINOR

TO THE HONORABLE COURT:

Petitioner, [PETITIONER FULL NAME], respectfully states:

PETITIONER Petitioner resides at [PETITIONER ADDRESS] and is the minor's [RELATIONSHIP TO CHILD]. Petitioner requests appointment as guardian of [THE PERSON, THE ESTATE, OR BOTH] of the minor named below, under SDCL 29A-5-201.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], is [AGE] years old and presently resides at [CHILD'S CURRENT ADDRESS] in [COUNTY] County, South Dakota.
PARENTS AND OTHER INTERESTED PERSONS The minor's mother, [MOTHER'S FULL NAME], resides at [MOTHER'S ADDRESS OR WHEREABOUTS], and the minor's father, [FATHER'S FULL NAME], resides at [FATHER'S ADDRESS OR WHEREABOUTS]. [STATUS OF EACH PARENT, INCLUDING WHETHER EACH CONSENTS TO, OBJECTS TO, OR HAS NOT RESPONDED TO THIS PETITION]. The minor's spouse, children, siblings, and nearest intestate heirs, and any current custodian or existing guardian or conservator, are listed in the attached Exhibit A as SDCL 29A-5-203 requires. Any nomination of a guardian or conservator by a parent's will or other signed writing is as follows: [DESCRIPTION OF ANY PARENTAL NOMINATION, OR NONE].
WHY GUARDIANSHIP IS NEEDED Appointment of a guardian [AND CONSERVATOR] is needed because [FACTS SHOWING WHY THE PARENTS CANNOT CURRENTLY CARE FOR THE MINOR OR MANAGE THE MINOR'S PROPERTY].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old and is able to provide for the minor's [CARE, EDUCATION, AND SUPPORT NEEDS] because [FACTS SHOWING PETITIONER'S QUALIFICATIONS]. Petitioner has [OBTAINED OR WILL OBTAIN] the Interstate Identification Index criminal history record check and South Dakota civil-judgment check for abuse, neglect, or exploitation of an elder or adult with a disability required under SDCL 29A-5-110, and has [COMPLETED OR WILL COMPLETE] the State Bar of South Dakota training curricula required under SDCL 29A-5-119.
FINANCIAL STATEMENT A statement of financial resources accompanies this petition as SDCL 29A-5-201 requires. [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE, FOR A REQUESTED CONSERVATORSHIP].
BOND Petitioner [REQUESTS THAT NO BOND BE REQUIRED FOR THE GUARDIAN OF THE PERSON ABSENT GOOD CAUSE UNDER SDCL 29A-5-111, OR REQUESTS THAT BOND FOR THE CONSERVATOR OF THE ESTATE BE SET, WAIVED, OR REDUCED AS THE COURT DETERMINES].
TEMPORARY APPOINTMENT Petitioner [REQUESTS OR DOES NOT REQUEST] appointment as temporary guardian or conservator under SDCL 29A-5-210 on a showing of immediate need, for a period not to exceed 6 months.
RELIEF REQUESTED Petitioner asks the court to set this matter for hearing, direct notice as SDCL 29A-5-204 requires, and: a. Appoint petitioner guardian [AND/OR CONSERVATOR] of the minor named above; b. Set bond as the court determines appropriate; and c. Grant such other relief as the court deems proper.

VERIFICATION

Petitioner, being first duly sworn, states that the foregoing petition is true and correct to the best of petitioner's knowledge, information, and belief.

[SIGNATURE] [PETITIONER FULL NAME] [ADDRESS] [CITY, SOUTH DAKOTA ZIP] [PHONE] [EMAIL]

Subscribed and sworn to before me this [DATE].

[NOTARY SIGNATURE AND SEAL]

South Dakota Requirements for Guardianship of a Minor Petition

Circuit Court Hears the Petition
A South Dakota guardianship of a minor petition is filed in circuit court, in the county where the minor resides or is present, under the South Dakota Guardianship and Conservatorship Act, SDCL 29A-5-201 and 29A-5-108.
No Statewide Initial Petition Form
South Dakota has no statewide, fillable initial petition form for guardianship of a minor. Every numbered UJS form on the state's guardianship forms page applies only after appointment, such as an inventory, an annual accounting, or a petition to modify or terminate, so the petition must be drafted to meet the content SDCL 29A-5-203 requires.
6-Month Cap on Temporary Guardianship
The court may not appoint a temporary guardian or conservator for more than 6 months, and only on a showing that an immediate need exists and that the appointment serves the minor's best interests (SDCL 29A-5-210).
Personal Service on a Minor Age 10 or Older
The minor, if age 10 or older, must be personally served with the notice and petition at least 14 days before the hearing; other entitled persons age 10 or older receive mailed notice (SDCL 29A-5-204).
Age-14 Nomination Right, Not a Consent Requirement
A minor age 14 or older may nominate their own guardian or conservator, in writing or orally to the court, subject to the same best-interests screening applied to a parent's nomination; no South Dakota statute requires the minor's affirmative consent (SDCL 29A-5-202).
Background Check and State Bar Training
The proposed guardian or conservator, other than a bank or trust company, must file an Interstate Identification Index criminal history check and a South Dakota civil-judgment check for abuse, neglect, or exploitation of an elder or adult with a disability, and must complete State Bar of South Dakota-approved training, unless the court waives either for good cause; the judge may not sign the appointment order until both are filed and reviewed (SDCL 29A-5-110, 29A-5-119).
Court Investigation and Attorney for the Minor Are Discretionary
A court investigator and an attorney for the minor are not automatic; the court may appoint them only if it concludes an appointment is necessary (SDCL 29A-5-205).
Guardian's Bond Requires Good Cause; Conservator's Bond Is Discretionary
The court may not require a bond from a guardian of the minor's person except for good cause shown; a conservator's bond is set by the court based on the estate's value, whether funds are court-controlled, and whether a nomination requested a waiver (SDCL 29A-5-111).
Felony Conviction Bars Appointment Absent a Best-Interests Finding
A person convicted of a felony is not eligible for appointment as guardian or conservator unless the court finds the appointment is in the minor's best interests, considering the offense's nature, its date, and evidence of rehabilitation (SDCL 29A-5-110).

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

South Dakota Requirements for Guardianship of a Minor Petition

Circuit Court Hears the Petition

No Statewide Initial Petition Form

6-Month Cap on Temporary Guardianship

Personal Service on a Minor Age 10 or Older

Age-14 Nomination Right, Not a Consent Requirement

Background Check and State Bar Training

Court Investigation and Attorney for the Minor Are Discretionary

Guardian's Bond Requires Good Cause; Conservator's Bond Is Discretionary

Felony Conviction Bars Appointment Absent a Best-Interests Finding

Frequently Asked Questions