Thinking about someone else raising your children if you are not there is one of the hardest conversations parents ever have. Most of us push the thought aside and hope nothing happens, especially when life is busy with school schedules, sports, and work. Yet accidents, illness, and unexpected events do happen, and when they do, South Dakota courts look for legal guidance about where your children should live and who should make decisions for them.
For parents in South Dakota, that guidance comes from a clear, well-drafted estate plan that includes a nomination of a guardian for minor children. Without it, judges often face competing petitions from relatives and must make decisions with limited information about your wishes. That can lead to delay, uncertainty, and sometimes conflict at the very moment your children most need stability.
At Aspen Legacy Planning, we have focused on estate planning, probate, and related matters for South Dakota families since 2006, from our office in Rapid City. We have seen the difference that thoughtful guardianship planning can make when a court in Pennington County or another South Dakota county has to step in. In this guide, we will walk through how child guardianship works in South Dakota, how to choose the right guardian, and how to put your wishes in writing so they carry real weight if the unexpected occurs.
Call (605) 610-4016 or reach out to us online to create a guardianship plan in South Dakota that protects your children and reflects your wishes.
What Child Guardianship Means in South Dakota
Before choosing a guardian, it helps to understand exactly what that role means in South Dakota. A guardian for a minor is the person the court appoints to make day-to-day and major life decisions for a child when the parents are not able to do so. This includes choices about where the child lives, which school they attend, what medical care they receive, and how their general welfare is handled. The guardian stands in for the parents in those personal, non-financial decisions.
Guardianship is different from a custody order between living parents. Custody orders in a divorce or separation decide how two legal parents share time and decision-making. Guardianship steps in when neither parent is available to provide care, such as after the death of both parents or when they are incapacitated. It is also different from adoption. An adoption permanently changes the legal parent-child relationship. Guardianship generally preserves the child’s legal relationship to their parents and is focused on care and decision-making while parents cannot act.
It is also important to distinguish the person who raises your child from the person who manages your child’s money. The guardian of the person is not automatically in charge of the child’s inheritance. In a well-structured South Dakota estate plan, you might have a trustee who manages assets in a trust for the child, or a personal representative who handles the estate, while a separate guardian focuses on daily care. In our planning work at Aspen Legacy Planning, we often recommend separating those roles so that the caregiver is supported but not burdened with every financial duty.
Understanding these distinctions helps parents see that “naming a guardian” is really deciding who will step into the parenting role if needed, not who will own or control the child’s money. Once that is clear, the rest of the planning conversation becomes more focused and less overwhelming.
How South Dakota Courts Use Your Guardianship Nomination
Parents often assume that a judge will simply appoint the nearest grandparent or sibling if something happens. In reality, South Dakota courts generally look first for any written guidance from the parents, then apply the “best interests of the child” standard to choose a guardian. Your written nomination does not bind the court in every circumstance, but it carries significant weight when it is clear, current, and part of a solid estate plan.
The most common way to nominate a guardian is through your will. In your South Dakota child guardianship will, you can name the person or people you want to care for your minor children if you and the other parent are unable. When a will is admitted to probate, the court sees the nomination and uses it as a starting point. In some situations, parents also use supporting documents in their broader estate plan to explain their reasoning or address sshort-termemergencies, but the will is usually the core document.
When a guardianship case comes before a South Dakota judge for child guardianship, the court typically considers your nomination, the willingness and suitability of the nominee, and any competing requests from other relatives. Consider two families. In the first, both parents die without a will. Two sets of grandparents and an aunt appear in court with different views about where the children should live. The judge must sort through testimony and evidence about the children’s ties, schooling, and relationships, often over multiple hearings. In the second family, both parents die but have a will that names a guardian and alternates, and those people are ready to serve. The court still reviews the situation, but the written nomination gives a clear roadmap and usually leads to a much smoother process.
There are situations where more than one person petitions to be a guardian even when a nomination exists. For example, another relative may believe the nominated child guardian is no longer a good fit due to health issues, relocation, or other changes. In those cases, the judge still uses the best interests standard, but your written wishes provide context about what you valued and who you trusted at the time of planning. Because our practice is rooted in Rapid City and the surrounding region, we understand how local courts tend to evaluate these questions, and we draft guardianship provisions with those real-world practices in mind.
The key point is that a South Dakota child guardianship nomination is not a mere formality. When it is created thoughtfully, it can strongly influence the court’s decision and reduce uncertainty for your children during an already difficult time.
Common Myths About Choosing a Guardian in South Dakota
Many of the parents we meet arrive with understandable assumptions about guardianship that do not line up with how South Dakota law actually works. Clearing up these myths early helps them make better decisions and avoid unwanted surprises later. One of the most common beliefs is that a close relative, such as a grandparent or sibling, will automatically get custody if something happens. In practice, the court must appoint a guardian for child guardianship based on the child’s best interests, and relatives can disagree sharply about what that means.
Another frequent myth is that naming a godparent or having a verbal agreement is enough. Being a godparent is a meaningful personal commitment, but it has no automatic legal effect in a South Dakota guardianship case. Similarly, conversations at family gatherings do not become binding instructions for a judge. Without legal documents, your wishes may be considered if relatives communicate them, but they are far more likely to be honored when clearly written into your estate plan.
Parents who share custody under a court order sometimes assume they do not need to think about guardianship because “the other parent would just take over.” If the other legal parent survives and is fit, that parent will usually have priority, and no guardian may be needed right away. However, guardianship planning still matters for backup situations. For example, if you and the other parent travel together, or if the other parent later becomes unable to care for the child, the court will again look for guidance. Planning also matters when you have remarried and want to clarify your wishes for stepchildren and children from prior relationships.
These myths persist because they are rooted in common-sense expectations about family and fairness. People assume that “everyone knows what we want” or that the law will simply follow family ties. Our experience at Aspen Legacy Planning is that this often works out only when there is clear planning. By taking the time to correct these assumptions while you are healthy, you give your children a clearer path and reduce the chance of painful disputes among the people you care about.
Key Factors to Weigh When Choosing a Guardian
Once parents understand the legal framework, the next question is almost always, “How do we actually choose?” Emotion plays a big role here, but emotion alone rarely leads to the best long-term choice. We encourage parents to think through a set of practical factors, treating this as a careful parenting decision rather than a popularity contest. This structured approach often brings clarity where there was initially only anxiety.
Start with age, health, and stability. A beloved grandparent may be the first person who comes to mind, but you need to consider whether that person will likely be able to care for your child through high school and beyond. A younger aunt or uncle in good health may be better positioned for the long haul. Consider also the stability of the potential guardian’s work, housing, and family situation. A person who moves frequently or faces ongoing financial or personal upheaval may struggle to provide the steady environment your child needs.
Location and community ties matter as well. If your child is deeply rooted in a school in Rapid City, with close friends and activities, you may prefer a guardian who lives nearby, or who is willing to relocate, so that your child’s world does not change more than it must. On the other hand, you might choose an out-of-state relative if the relationship is strong and the environment is a better fit. In either case, thinking through the impact on schooling, friendships, and extended family contact is crucial.
Values and parenting style are another major consideration. Ask yourself whether the potential guardian shares your general views on education, discipline, religion or spirituality, and lifestyle. No one will parent exactly as you do, but aligning on core values can reduce friction for your child. Also consider how the guardian relates to your child now, and whether siblings will be able to stay together under that person’s care whenever possible.
Finally, think about separating caregiving from money management. In many plans we draft at Aspen Legacy Planning, one person is nominated as guardian of the person, and another is named as trustee to manage assets in trust for the child. This can protect the child’s inheritance and reduce pressure on the caregiver. It also builds in checks and balances so that no single individual carries every responsibility. Whatever structure you choose, we recommend honest, early conversations with your potential guardians about these roles, so there are no surprises when it matters most.
Guardianship Planning for Blended Families and Special Situations
Modern families often do not fit a traditional mold, and guardianship planning needs to reflect that reality. In blended families, children may have relationships with a surviving biological parent, a step-parent, and extended family on different sides. South Dakota courts still begin with the legal rights of a surviving parent, but there are many scenarios where a guardian may eventually be needed, and planning can help clarify your wishes.
For divorced or separated parents, existing custody orders and parenting plans affect what happens if one parent dies or becomes incapacitated. Typically, the surviving legal parent has priority to care for the child, regardless of what a will says. However, guardianship nominations are still important as a backup if the other parent later cannot serve, or if both parents are involved in a common accident. In our consultations, we often talk through these “what if” layers so that parents understand where their nomination will come into play.
In blended households, you might be raising children from prior relationships alongside children you share with your current spouse. A step-parent may be heavily involved in daily care but not a legal parent. Without planning, that step-parent could be left out of formal decisions if you die first and the other legal parent objects. Guardianship and related planning tools can be used to express your wishes about the step-parent’s role, to nominate trusted relatives, and to coordinate care among siblings so they are not unnecessarily separated.
Children with special needs raise additional considerations. They may require more intensive or longer-term guardianship, specialized medical decision-making, and careful financial planning, often through a special needs trust. Choosing a guardian in this context involves assessing not only general parenting ability but also the potential guardian’s capacity to navigate services, therapies, and benefits. Our affiliation with InterActive Legal gives us access to up-to-date planning tools for these situations, which we use to coordinate guardianship nominations with appropriate trust structures.
Out-of-state or even out-of-country guardians are another special situation. It may be that your best choice lives far from South Dakota. In that case, we discuss the practical logistics with clients, such as travel, temporary care arrangements while the court process moves forward, and how a South Dakota judge might view a distant nomination. Addressing these issues in your documents and conversations now can make a future transition less confusing for both your child and the guardian you have chosen.
Linking Guardianship to Wills, Trusts, and Financial Planning
Naming a guardian is only part of protecting your children. The person you choose also needs the financial support and structure to carry out that responsibility. This is where wills, trusts, and other estate planning tools come together with guardianship to create a complete plan for your minor children in South Dakota.
In a typical plan, you will do several things at once. It nominates a guardian for your minor children and names alternates in case the first choice cannot serve. It also directs that any assets passing to your minor children go into a trust instead of being distributed outright. That trust can be built into the will or into a separate trust document, and it appoints a trustee to manage money for the children’s benefit according to rules you choose.
Leaving significant assets directly to a guardian, rather than to a trust for the child, can create problems. The funds legally belong to the guardian, and there may be temptations or pressures to use them in ways that do not align with your intentions. A trust keeps ownership clear. The money is for the child, and the trustee has a legal duty to use it that way. The guardian and trustee can work together so the guardian has what is needed for housing, schooling, and daily expenses, without personally controlling every dollar intended for the child’s future.
Coordinating life insurance and beneficiary designations is also critical. Many parents have policies through work in Rapid City or individual policies they bought years ago. If those policies name the child outright as beneficiary, a court may need to appoint someone to manage the funds, which can add expense and complexity. As part of our comprehensive planning at Aspen Legacy Planning, we help parents align beneficiaries so that life insurance and retirement accounts flow into the appropriate trusts for minors, supporting the guardian and child as intended.
Some families also own businesses or rental properties that provide income for their children’s needs. Succession planning for those assets can be integrated with guardianship nominations, so the person who understands the business handles it, while the guardian focuses on raising the children. Thoughtful coordination across these pieces turns your guardianship decision into a practical, sustainable plan rather than a name on a page.
Keeping Your Guardianship Plan Current as Life Changes
Choosing a guardian is not a decision you make once and never revisit. Children grow, relationships evolve, and the circumstances of your chosen guardian may change. A plan that fits your family when your first child is born might not be the right fit when you have teenagers or after a major move or life event. Updating your guardianship nomination from time to time is part of caring for your children as their needs change.
Certain life events are natural triggers for a review. These include births or adoptions of additional children, deaths or serious illnesses in your family, divorces and remarriages, significant changes in your guardian’s health or location, and moves in or out of South Dakota. When one of these events occurs, it is wise to sit down with your estate planning documents and ask whether the people you named still make sense for where your family is now.
Updating a guardianship nomination should be done through formal legal documents, not just by making notes at home. Usually, this means revising your will or related trust documents with your attorney so that the new nomination is fully integrated and any old language is cleaned up. At Aspen Legacy Planning, we view this as an ongoing relationship. Many of our clients return at key milestones to adjust guardianship choices, trust provisions, and other parts of their plan as their children and circumstances change.
It also makes sense to revisit conversations with your nominated guardians as time passes. What felt comfortable for them when your children were very young may feel different as the children reach their teenage years, or as the guardian’s own family situation changes. As your children mature, you may also want to involve them in appropriate discussions about who they would feel comfortable living with. The good news is that your first guardianship plan does not have to be perfect forever. A thoughtful initial decision, paired with occasional reviews, gives your children a strong foundation and room for adjustments as life unfolds.
Protecting Your Children With a Thoughtful Guardianship Plan
Thinking about guardianship for your minor children is never easy, but putting a clear South Dakota plan in place can be one of the most loving steps you take as a parwell-consideredsidered guardianship nomination, supported by wills, trusts, and coordinated financial planning, gives your children a better chance at stability and reduces the risk of family conflict and court uncertainty during a difficult time. It also gives your chosen guardian the legal authority and resources needed to step into a demanding role.
You do not have to sort through these decisions alone. At Aspen Legacy Planning, we help parents in Rapid City and across South Dakota weigh their options, understand how local courts handle guardianship, and turn their wishes into a practical plan. Many families tell us they feel a profound sense of relief once these documents are signed, knowing that there is a clear roadmap for their children’s care if the unexpected happens. If you are ready to start or update your guardianship planning, we invite you to schedule a no-obligation consultation to talk through what makes sense for your family.
Ensure your children are cared for no matter what. Call (605) 610-4016 or reach out to us online to start your guardianship plan today.