When a parent remarries and the parent’s minor child from the prior marriage forms a significant bond with their new stepparent, the issue of stepparent custody and visitation rights may arise if the marriage with the stepparent also dissolves. Unless the stepparent has legally adopted the child (and is thus no longer a stepparent), courts don’t usually grant a stepparent primary or shared custody of a minor child. But the court may award a stepparent limited visitation rights, depending on the amount of time the stepparent spent with the child, the extent of the stepparent’s participation in the child’s upbringing, and whether the stepparent provided financial support for the child.

In South Dakota, stepparents do not have the same custody rights as biological or adoptive parents. However, under certain circumstances, a stepparent may be granted visitation rights. South Dakota law recognizes the importance of maintaining a child's relationship with a stepparent when it is in the best interest of the child. The court may consider factors such as the length and quality of the relationship between the stepparent and the child, the role the stepparent has played in the child's upbringing, and whether the stepparent has provided financial support. The court's primary consideration is always the best interest of the child, and any visitation rights granted to a stepparent would be determined based on that standard. It is important to note that these rights are not automatic and typically require legal action to be established. An attorney can provide guidance on the likelihood of obtaining visitation rights in a specific case and assist with the legal process.