What happens if the adoption is contested in South Dakota?

A contested stepparent adoption in South Dakota means the Circuit Court has to look at the objection before it can decide, and what happens next depends on the facts of your family. The case is heard in the Circuit Court in your county, and the court decides it, not the parents.

What "contested" generally means:

A parent who is asked to agree to the adoption and objects is in a different position from a parent who simply doesn't respond. How the court treats each situation depends on the details. For your specific facts, the Circuit Court clerk in your county or a South Dakota family law attorney is the right source.

What South Dakota law says that relates to a contest:

• Abandonment: South Dakota uses a 6-month period for abandonment, found at SDCL § 25-6-4(2). Whether that applies to your situation depends on the history between the other parent and your child, and an attorney can tell you how it fits your facts.
• The child's consent: The consent age is 12, under SDCL § 25-6-5. This matters if your child is 12 or older, because the child's own consent is part of the picture.
• Where it's filed: The petition goes to the Circuit Court. South Dakota has 66 counties, so you file in the one that fits your family.

What to expect on timing:

A stepparent adoption in South Dakota often takes about 3-6 months. A contested case may take a different amount of time, depending on the court's schedule and how the objection is handled. The clerk's office can tell you how scheduling works locally. We can't give you a firm estimate for a contested case.

What to do if you think the other parent may object:

• Talk to an attorney about the contest itself. Questions about evidence, hearings, and whether a parent's objection will succeed are legal questions about your specific case. Some attorneys take limited-scope work, such as a single hearing. Ask whether that is available.
• Keep your paperwork accurate and complete. Clear, correct documents give the court what it needs to review your petition, whether or not anyone objects.
• Write down the history. Dates, contact, and support are the kinds of facts an attorney will want to see when looking at the abandonment question.
• Call the Circuit Court clerk in your county with procedural questions, such as how objections are filed or how hearings are set.

Don't assume the worst. Many parents worry about a contest before anything has happened. You can prepare your documents now and bring in an attorney only if an objection is actually filed.

How we help:

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 187 South Dakota families, and more than 34,000 families nationally since 2001. If your case is contested, we prepare the paperwork, and an attorney would represent you in court.