South Dakota Guardianship Filing Cost, Forms, and Pro Se Process

Informal arrangements aren't working anymore — the school won't budge, the clinic is turning you away, or the child needs surgery. You are looking at filing for guardianship in South Dakota and wondering what it costs, which forms to file, and whether you can do it without a lawyer. Here is what the process actually involves.

Filing Fees and Court Costs

Minor guardianship proceedings in South Dakota are filed in the Circuit Court for the county where the child lives or is present. Under the UJS fee schedule effective July 1, 2026, guardianship court costs are $72 total, including subsequent papers. Some counties charge additional fees for service of process if the sheriff serves the notice on the biological parents.

Beyond the filing fee, expect these costs:

• Background checks — Before a regular appointment, the proposed guardian generally must obtain an Interstate Identification Index criminal history record check and a South Dakota state-court civil judgment check for abuse, neglect, or exploitation of an elder or adult with a disability. UJS lists a $30 DCI fee and a $20 FBI fee ($50 total); local law-enforcement agencies may charge an additional fingerprinting fee.
• Guardian training — SDCL 29A-5-119 requires completion of mandatory training approved by the State Bar of South Dakota. The training may be available online and some providers offer it free to kinship caregivers, but others charge a fee.
• Attorney fees — If you hire a lawyer, family law attorneys in South Dakota typically charge between $150 and $300 per hour. A straightforward uncontested guardianship may run $1,000 to $2,500 in legal fees. Contested cases cost significantly more.

If you cannot afford these costs, contact East River Legal Services (1-800-952-3015, eastern South Dakota) or Dakota Plains Legal Services (main office: 605-856-4444; see its local office list). Both provide free civil legal representation for qualifying low-income households and seniors age 60 and older.

Which Forms to File

This is where many people make a costly mistake. The South Dakota Unified Judicial System (UJS) publishes guardianship forms on its website, but the most commonly found form online — UJS-149 — is not what you need to start a guardianship case. UJS-149 is titled "Guardian's Petition to Modify or Terminate Guardianship." It is used exclusively by people who already have a court-appointed guardianship and want to change or end it.

To start a new minor guardianship case, you need a Petition for Appointment of Guardians under SDCL 29A-5-203. The UJS publishes a version of this petition for children placed with petitioners by the Department of Social Services. Whether that form applies to a privately arranged kinship guardianship should be confirmed directly with the UJS self-help center or clerk of courts in your county. You may need to draft or adapt a petition that fits your situation.

Your petition should include:

• The child's name, date of birth, and current address
• Your name, address, and relationship to the child
• The names and last known addresses of both biological parents
• The reason guardianship is needed (parental incapacity, absence, unwillingness, or inability to care for the child)
• Whether the child is an Indian child under ICWA (if so, tribal notice and transfer rules apply)
• A statement that the appointment is in the child's best interests

The Temporary Guardianship Option

If you need authority fast — a child needs surgery, is being denied school enrollment, or a medical emergency is looming — you can petition for temporary guardianship under SDCL 29A-5-210. A temporary order can be issued more quickly than a full guardianship but is strictly capped at six months.

You must show that an immediate need exists and that appointing a temporary guardian would be in the child's best interests. The court can issue a temporary order on an expedited timeline, sometimes within days.

For a temporary appointment, the court sets the notice and hearing conditions; reasonable notice of the hearing must be given to a child age 10 or older unless delay would not be in the child's best interests. A copy of the temporary order must be mailed to the child (if age 10 or older) and to all individuals and entities entitled to notice of a regular appointment within five days. A child 14 or older has the statutory right to nominate their own guardian.

Filing Pro Se (Without a Lawyer)

You have the legal right to represent yourself in South Dakota guardianship proceedings. Many grandparents and relatives do this successfully, particularly in uncontested cases where the biological parents consent to the arrangement or cannot be located.

Steps for a pro se filing:

1. Get the correct petition form from the UJS website or your county clerk of courts
2. For a regular appointment, complete the background checks required under SDCL 29A-5-110; the court may not require them for a temporary guardianship
3. For a regular appointment, complete the mandatory guardian training approved by the State Bar under SDCL 29A-5-119; the court may not require it for a temporary guardianship
4. File the petition with the Circuit Court clerk and pay the filing fee
5. Give notice for a regular appointment by mailing the notice and petition at least 14 days before the hearing to the individuals and entities age 10 or older whose names and addresses appear in the petition; personally serve the child if age 10 or older
6. Attend the hearing and present your case for why the appointment serves the child's best interests

One critical limitation: under SDCL 29A-5-106, a nonparent may not use Chapter 29A-5 to seek custody while a proceeding under chapters 25-3, 25-4, 25-5A, 25-6, 25-8, 26-7A, 26-8A, 26-8B, or 26-8C is pending, or if another court has continuing jurisdiction. If a case under chapters 26-7A, 26-8A, 26-8B, or 26-8C begins while the guardianship petition is pending, the petition must be dismissed. If a case under chapters 25-4, 25-5, 25-5A, 25-6, or 25-8 begins while it is pending, the court may dismiss the guardianship proceeding or retain jurisdiction. Check with the clerk before filing to make sure no conflicting case is open.

When Guardianship Is Not Your Only Option

Filing for guardianship is a significant step. For many kinship caregivers, informal options handle the immediate needs without going to court. A school board residency request under SDCL 13-28-10 may establish the child's school residence, subject to district procedures. A signed, notarized medical consent letter from the parent covers routine doctor and dentist visits. TANF child-only benefits and Medicaid don't require custody.

Guardianship becomes necessary when parents can't or won't cooperate with informal documents, when a child needs elective medical procedures that require legal authorization, or when stability and permanence matter — for example, insurance enrollment, passport applications, or long-term educational planning.

The South Dakota School and Medical Consent Guide walks through every option from informal consent letters to the full court process, with a decision flowchart that helps you figure out which path fits your situation before spending money on forms or attorneys.

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