Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.

During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.

Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.

In South Dakota, child custody laws are designed to ensure the best interests of the child are prioritized during and after the parents' separation or divorce. Custody can be categorized as legal custody, which involves the right to make significant decisions about the child's upbringing, and physical custody, which pertains to where the child will live. South Dakota courts may grant joint or shared custody, allowing both parents to have a role in the child's life, or sole custody to one parent if the other is deemed unfit or poses a risk to the child's well-being. Unfit parents may be those with issues such as substance abuse, neglect, or abuse. Visitation rights may be granted to the non-custodial parent, and in some cases, these visitations may be supervised to ensure the child's safety. The state's statutes governing family and domestic matters, which may be part of the Family Code, outline the specific regulations and procedures for determining child custody. It's important to note that child custody is different from guardianship or adoption, which involve different legal responsibilities and processes.