Legal Question in Family Law in South Dakota

Re: Divorce and Child Custody

I don't know offhand what South Dakota law provides here but my guess is that as to domestic relations law you may not have any standing with which to request custody. It is also reasonable to assume that the former husband (I am assuming she is divorced rather than widowed) would be a potential custodian her if he decided to intervene in some way.

Which doesn't necessarily mean that you would not be considered under some circumstances. If your wife is really not fit as a custodian you may be able to either make a referral to Children's Protective, or file in the Juvenile Court. Some jurisdictions may have a "family court" that considers all child custody matters. Most states I believe, separate custody issues that arise from marriages as opposed to other situations (unmarried parents, relatives, interested third parties, etc.). You would have to check with a local lawyer to examine the options.