IN PLAIN ENGLISH
How custody works in South Dakota
In South Dakota, the judge decides custody based on what is best for your child's "temporal and mental and moral welfare," meaning your child's physical, emotional and moral well-being. [SD-P1] Between parents, neither is given preference over the other. [SD-P1] If either parent asks, the judge must consider joint physical custody (your child living with both parents), but the law says it does not start from a presumption of joint physical custody. [SD-P17, SD-P5]
The state's South Dakota Parenting Guidelines are meant as the minimum time a child should have with each parent, and they fill in the gaps when parents cannot agree. [SD-P2] When someone files a divorce or custody case, they must serve the other parent with a copy of the guidelines, and once service is complete the guidelines become a court order. [SD-P3] Unless the parents agree otherwise, your child stays with the parent who was the main caregiver for most of the past 12 months (a judge can change this after an objection and hearing), and that temporary setup does not decide who gets custody in the end. [SD-P3, SD-P6]
If either parent objects to that starting arrangement or to the guidelines, the court must hold a hearing within 30 days. [SD-P6] A new edition of the guidelines took effect July 1, 2026; parenting time orders made before then generally follow the edition in effect when the order was issued, and the new edition alone is not a reason to change an old order. [SD-P2] Check which edition your order uses. The court's Legal Form Help Line (1-855-784-0004) answers questions about court forms; for advice on which schedule applies to you, talk to a lawyer or legal aid. [SD-P2, SD-P8]
Words you’ll see in your papers
- South Dakota Parenting Guidelines
- The statewide default parenting schedule published by the court system. It applies when parents cannot agree and is meant as a minimum, not a limit. [SD-P2, SD-P3]
- Primary caregiver
- The parent who cared for your child most of the time in the 12 months before the case was filed. Your child stays with that parent at the start of the case unless you agree otherwise. [SD-P3]
- Joint physical custody
- Your child lives with both parents. A judge must consider it if a parent asks, but the law does not presume it. [SD-P17, SD-P5]
COMMON QUESTIONS
What parents in South Dakota ask first
Does South Dakota start from 50/50?
No. [SD-P5] The judge must consider joint physical custody if a parent asks, and must write down findings about it unless both parents waive them, but the law says it creates no presumption of joint physical custody. [SD-P17, SD-P5] The judge decides based on your child's best interests. [SD-P1, SD-P5]
What does the judge look at?
Your child's best interests, meaning physical, emotional and moral well-being. [SD-P1] When one parent asks for joint physical custody and the other disagrees, the law lists more factors, including whether each parent is a suitable caregiver with a suitable home, how much each parent actively cares for your child, whether the parents can respect each other and communicate, whether each supports the child's relationship with the other parent, whether either parent has kept the child from the other or tried to turn the child against them, your child's wishes given age and maturity, how far apart you live, and safety. [SD-P4] A history of domestic abuse, or certain assault convictions, creates a presumption against joint physical custody. [SD-P10]
Is there a standard schedule?
Yes. The South Dakota Parenting Guidelines apply statewide when parents do not agree. [SD-P2, SD-P7] For children 5 and older whose parents live less than 200 miles apart, they give alternating weekends from when school lets out until school starts the next week, one midweek overnight each week if time and distance allow (Wednesday if parents do not agree), half of summer break, and a shared holiday schedule. [SD-P2] Babies and children under 5 have shorter, more frequent visits that depend on age and on how much each parent has cared for the child. [SD-P2] For children 5 and older, parents who live more than 200 miles apart use a separate long-distance schedule. The guidelines do not say which schedule applies at exactly 200 miles, or how distance is measured, so check your order. For children under 5, parents who live far apart need to make their own plan. [SD-P2, SD2] Parents are encouraged to make their own plan instead. [SD-P2]
Does my child get to choose?
No. [SD-P1] If your child is old enough to form an intelligent preference, the judge may consider it, but South Dakota law does not set a specific age. [SD-P1] In a joint physical custody request, the judge also weighs whether your child strongly opposes it, given your child's age, maturity and reasons. [SD-P4]
Can I move with my child?
If your order does not already cover moving, a parent who plans to move must send the other parent written notice by certified mail (or have them sign an admission of service) at least 45 days before the move (or a shorter period if reasonable), and file proof with the court unless the court waives it. [SD-P11] The notice must include the new address and phone number if known, the reason for the move, why it is good for the child, and a proposed visiting plan. [SD-P12] No notice is needed if the move brings the child closer to the other parent, stays within the child's school district, or there is a protection order or recent domestic violence conviction as the law describes. [SD-P11]
Can the order be changed later?
Yes, the court can change a custody order later. [SD-P1] If you have an older order, you can also ask the court to put the current Parenting Guidelines in place. Your request is served on the other parent with the guidelines and a notice that they will apply unless the other parent objects. If the other parent objects within 10 days of being served, the court holds a quick hearing; if no one objects, the guidelines can be ordered into place. [SD-P13, SD-P7] A new edition of the guidelines does not by itself count as a good reason to change an existing order. [SD-P2] What you must prove to change custody is decided case by case, so talk to a lawyer or legal aid office. [SD-P8]
We were never married. What happens first?
South Dakota law says the mother of a child born to unmarried parents is entitled to custody, subject to the court's power to give custody to either parent based on the child's best interests. [SD-P14] To get court-ordered custody or parenting time, either parent can file a custody action; the court's free uncontested custody forms include an order that establishes paternity along with custody, parenting time and support. [SD-P8]
What if I am not safe?
Protection orders and orders from abuse, neglect or criminal cases override the Parenting Guidelines. [SD-P15] If a judge finds domestic abuse in a protection order case, the order can give temporary custody or set temporary visitation. [SD-P16] A history of domestic abuse creates a presumption against joint physical custody. [SD-P10] Parents in protection order cases do not have to take the required parenting class. [SD-P9]
Free, official places to start
- SD Courts: Shared Parenting Guidelines & Plans
The court system's page with the current Parenting Guidelines and forms to put them in place, object to them, or enforce a parenting time order.
- South Dakota Parenting Guidelines (effective July 1, 2026, PDF)
The full statewide default schedule, by child's age and distance between homes, including holidays and summer.
- SD Courts: Child Custody, Parenting Time, and Support forms
Free step-by-step forms for uncontested custody, parenting time and support cases, plus the Legal Form Help Line (1-855-784-0004).
- SD Courts: Parenting Classes
The required parenting course rules and the only court-approved class providers, statewide and by judicial circuit.
LOCAL SPOTLIGHT · SIOUX FALLS
Minnehaha County
Second Judicial Circuit Court
Sioux Falls families use the same statewide Parenting Guidelines as the rest of South Dakota, so the local difference is in the required parenting class. [SD-P2, SD-P9] Both parents must finish a court-approved class within 60 days of the case starting, and the court will not accept certificates from providers that are not on its list. [SD-P9] The Second Judicial Circuit's approved local options include a free six-week Common Sense Parenting course for divorced or separated caregivers, held online or in person at a Children's Home Society location in Sioux Falls, and a Young Children in Divorce and Separation program that focuses mostly on children up to age 4. [SD-P9]
- SD Courts: Parenting Classes (Second Judicial Circuit section)
Lists the court-approved Sioux Falls classes with prices, schedules and how to register, plus statewide online options.
- Common Sense Parenting class schedule (PDF)
The posted in-person and online schedule for the free Second Circuit class.
Other counties in South Dakota can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
Statewide guidelines
Research overview
Court-promulgated statewide minimum guidelines with statutory initial-order operation when a custody action starts and parents have no different approved agreement; current guideline edition effective 2026-07-01. Not a universal final custody award. [SD1–SD3]
Legal force and applicability
Mandatory initial fallback after the filed/attached guidelines and summons satisfy service requirements, subject to safety exclusions and controlling orders. A replacement agreement must be written, signed, filed and approved by court order under §25-4A-12. Not a universal final calendar. [SD4,SD-12,SD-14]
Authority and geographic scope
SDCL 25-4A-11 requires plaintiff to file/serve guidelines with summons/complaint; upon service they become the initial court order unless otherwise agreed/ordered. Initial custody remains with primary caregiver for majority of preceding 12 months unless otherwise agreed, without a final custody presumption. Written signed alternative agreement must be filed and court-approved under §12. Objection leads to hearing within 30 days under §13. [SD1,SD3]
Custody and parenting-time presumptions
The guideline-based initial arrangement creates no presumption as to final custody. On request the court must consider joint physical custody; §25-4A-26 says these provisions create no presumption of joint physical custody, with best interests governing. A history of domestic abuse or qualifying assault conviction triggers §25-4A-22’s adverse presumption. A temporary order must reflect demonstrated participation and maximize time if less than substantially equal, consistently with child welfare. [SD4,SD-13,SD-21,SD-22,SD-26]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Age 5+ and parents less than 200 miles apart: alternate weekends from school release for the week until return to school next week; equivalent time if a parent unavailable weekends and child does not miss school. If time/distance allow, one midweek overnight every week; absent agreement Wednesday school release (or 3:15 p.m. no school) until next school start (or 8 a.m.). Exercising parent handles midweek transport. Holiday schedule takes precedence. [SD1 §§2.1–2.2]
Holidays and school breaks
Current 2026 chart uses Parent 1/Parent 2. Age 5+, less-than 200-mile chart: even years Parent 2 receives MLK, Easter, Memorial Day, Native American Day, Thanksgiving, Christmas Eve, second winter-break half and children’s birthdays; Parent 1 receives Presidents’ Day, separate spring break, Juneteenth, July 4, Labor Day, Halloween, Christmas Day and first winter-break half; odd years reverse. Mother’s/Father’s Days and each parent’s birthday remain with that parent. Ordinary school-linked holiday weekends run school release to next school return; Memorial/Labor if no school run Fri 5 p.m.–Tue 8 a.m.; Juneteenth June 19 8 a.m.–June 20 8 a.m. (Father’s Day prevails on clash); July 4 July 3 5 p.m.–July 5 5 p.m.; Halloween Oct 31 release/3 p.m.–Nov 1 school/8 a.m.; Christmas Eve Dec 23 8 a.m.–Dec 25 8 a.m.; Christmas Day Dec 25 8 a.m.–Dec 27 8 a.m. Winter break remainder is halved excluding those two 48-hour Christmas blocks. Parent-specific days generally 8 a.m.–next 8 a.m.; birthday on holiday moves to day before. Holidays override vacations, vacations override regular time; no makeup for displaced weekends absent written agreement; no parent more than 3 consecutive weekends. Under 5: local/nearby chart uses the same parity for its listed holidays, but does not separately assign spring break or halves of winter break; its shorter chart windows and time may not exceed longest currently exercised period; birthday ages 0–3 four hours, 3–5 overnight window subject to that cap. For more-than 200 miles, reduced chart alternates Easter/Thanksgiving (Parent 2 even), separate spring break/whole winter break (Parent 1 even), reverse odd. [SD1 §§1.9,2.4–2.7,3.1]
Summer and vacation time
Age 5+ less than 200 miles: half summer each (day after release–day before school), school-year majority parent priority for week before return counted in that half. Other parent may choose consecutive or 2+ blocks with at least 30 days notice; school-year majority parent has weekends before/after the other’s block. For a 3+-week consecutive block provide other parent a mutually convenient 48-hour period. Separate vacation allowance up to 14 days/year, max 7 at a time, 30 days notice when possible; mother has first choice even years/father odd in disputes; holidays prevail. Ages 3–5: each parent two separate up-to 5-day periods/year on 30 days written notice, parents shall consider extending each period to 7 days if the children are adaptable and accustomed to time with both parents; periods may not conflict with the other parent’s holiday time; same priority. Age 5+ more than 200 miles: nonschool-year-residential parent has summer beginning 3 days after release, ending 7 days before school; school-year parent has 48 hours every 3 weeks at own expense. At least 60 days notice of summer start, but lack of exact notice alone does not permit denial. [SD1 §§1.10,2.3,2.6–2.7,3.2–3.4]
Age and development
Under 5 alternative schedules preserve established caregiving. Option 1 fallback if parents cannot agree: birth–3 mo, three 2-hour periods/week plus one 6-hour weekend period; 3–6 mo, three 3-hour periods plus 6-hour weekend day; 6–12 mo, three 4-hour periods plus 6-hour weekend day; 12–36 mo, three 8-hour periods/week; 3–5 yr, one overnight no longer 24 hours plus two separate 8-hour periods/week returning at least 1 hour before bedtime. Alternatives include specified overnight additions or continuation of established dual caregiving; 3–6 mo one weekend overnight requires ability to provide primary care; 6–12 mo/12–36 mo alternatives can use 1–2 regularly spaced overnights with significantly more time in one home; 3–5 yr can use 2–3 spaced nights for adaptable children. Option 1 governs disagreement until court orders otherwise, and time should not decrease with age category absent court-determined special circumstances. Breastfeeding, daycare, individual development and prior routines require attention. [SD1 §§1.1–1.8]
Distance, travel, and relocation
Guideline 2 heading: age 5+ less than 200 miles; Guideline 3: age 5+ more than 200 miles. SCR 26-08 struck ‘No More’ and substituted ‘Less’ in the Guideline 2 heading, so the current text reads ‘Less Than 200 Miles’ (Guideline 2) and ‘More Than 200 Miles’ (Guideline 3). The guideline does not say which applies at exactly 200 miles or how distance is measured; §3.5 also uses ‘lives 200 miles away’ without ‘more than.’ Do not apply the pre-2026 ‘No More Than 200’ heading. Under 5 long distance requires a developmentally appropriate individualized plan. For age 5+ more than 200 miles, visiting distant parent at own expense should receive reasonable time of at least 48 hours, generally not more often than alternate weekends, with liberal additional contact when nearby and adequate notice. Long-distance holiday/summer rules differ from local chart. [SD1 §§1.11,2,3,3.5; SD2]
Safety & exceptions
Guidelines exclude circumstances where court reasonably believes physical safety/health endangered or emotional development significantly impaired. Listed concerns include family violence, substance abuse, mental illness, flight risk, prolonged lost contact, new relationships, cultural/religious holidays and incarceration; the guideline says it is not applicable to situations where the court reasonably believes such a danger exists, and a parent who believes one applies should file an Objection (UJS Form 372). Protection orders and abuse/neglect/criminal-bond/other custody orders prevail; prohibited parent contact cannot be justified by guideline cooperation. A court finding of a history of committing domestic abuse, or an assault conviction as defined in §25-4-45.5, creates the rebuttable presumption against joint physical custody; a generic assault allegation/finding is not the stated trigger. [SD1 scope,SD-14,SD-22]