Beth A. Roesler
Sioux Falls Managing Partner
Protecting the Best Interests of You and Your Child
Having consistent and meaningful contact with your child is essential for maintaining a strong relationship and playing an active role in their upbringing. When parents are no longer together, a child custody order establishes how major decisions will be made and how time will be shared, always with the child’s best interests at heart.
Our child custody attorneys help clients through these sensitive, often emotional cases. We take the time to understand your goals, explain your legal options, and build a strategy that protects your parental rights and supports your child’s stability and well-being. Our team approach means multiple attorneys may collaborate to identify the best path forward for your unique family situation.
Custody Establishment
We help parents initiate and formalize custody arrangements that prioritize their child’s emotional and physical well-being. Courts base custody decisions on the child’s best interests, which may include factors such as:
- Each parent’s relationship with the child
- The child’s health, welfare, and social development
- The child’s own wishes (depending on age and maturity)
- Any evidence of abuse, neglect, or unsafe conditions
Parenting Plan Development
Our attorneys craft detailed parenting plans addressing custody, visitation, exchanges, and decision-making responsibilities. Parenting plans must address key details such as parenting time schedules, exchange logistics, decision-making authority, and dispute resolution procedures.
Parents are encouraged to develop these plans collaboratively to minimize conflict and foster cooperation.
Child Visitation and Parenting Time Modification
When a parent needs to make changes to their existing parenting plan for regular parenting time and holidays, we can help showing a material change of circumstances has occurred.
Child Custody Modifications
We assist clients in seeking or opposing changes to existing custody orders when circumstances evolve — life doesn’t always stay the same, and custody arrangements don’t either. If there has been a significant change in circumstances like relocation, health issues, or safety concerns, we can help your custody orders better reflect the current situation.
Enforcement of Custody Orders
If a custody or visitation order is not being followed, our firm helps parents pursue enforcement through court action or mediation.
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Contact
Connect with us today to speak with our child custody attorneys near you.
Child Custody FAQ
Who can file for custody?
While parents are the primary parties in most custody matters, others may be eligible to seek custody depending on circumstances, including:
- Parents – Biological or adoptive parents typically initiate custody proceedings during separation or divorce.
- Legal Guardians – May request custody if parents cannot fulfill their responsibilities.
- Relatives – Grandparents, aunts, uncles, or other family members may file under certain conditions if it’s in the child’s best interest.
- Third Parties – Individuals with a close, established relationship with the child may petition in limited cases.
Do I have to go through mediation before going to court?
In many cases, yes. Mediation may be required before modifying an existing parenting plan to encourage cooperative solutions outside the courtroom. Speak with one of our attorneys to get advice on your circumstances and state laws.
What if we can’t agree in mediation?
If mediation doesn’t result in an agreement, the court will review the issues and determine custody and parenting time based on the child’s best interests.
How does a court decide who gets custody of a child?
Courts make custody decisions based on the best interests of the child. Depending on the state and circumstances, the court may consider each parent’s relationship with the child, the child’s needs and stability, each parent’s ability to provide care, the child’s wishes when appropriate, and any concerns involving abuse or neglect. No single factor necessarily determines the outcome.
Can a child custody agreement be changed after it is finalized?
Yes. A custody order or parenting plan may be modified when circumstances have changed enough to justify revisiting the existing arrangement and the proposed change is in the child’s best interests. The specific requirements vary by state, so parents considering a modification should speak with a child custody attorney about their situation.
Can I move to another state with my child after a divorce or custody order?
Moving with a child can become a significant custody issue, particularly when the move would affect the other parent’s parenting time. Depending on your custody order and state law, you may need the other parent’s agreement or court approval before relocating with your child. Courts may consider the reason for the move, how it would affect the child, and whether a workable parenting-time arrangement can be maintained.
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