What is a parenting plan in South Dakota?

A parenting plan is a written record of custody and the day-to-day schedule for a couple's children. In South Dakota it serves parents who are divorcing, parents who never married, and a parent seeking to modify an existing order. The plan captures decision-making and parenting time, and a South Dakota court approves it for the child's temporal, mental, and moral welfare (South Dakota Codified Laws Section 25-4-45).

What is the difference between a parenting plan and a custody order in South Dakota?

In South Dakota a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. South Dakota does not require a separate parenting plan by statute; custody is set by a court order. When the parents agree, they submit their plan and the court, if it finds the arrangement serves the child's best interests, adopts it as a binding custody order (South Dakota Codified Laws Section 25-4-45).

What does custody mean in South Dakota?

In South Dakota, custody covers both where the children live and who confers on major decisions for them. A South Dakota court may order joint legal custody, under which both parents keep the duty to confer on education, health, and religious training, and it may hand one parent the final say on a named subject (South Dakota Codified Laws Section 25-5-7.1). The Parenting Time Guidelines then frame the schedule.

Is a written parenting plan required in South Dakota?

South Dakota does not compel a standalone parenting plan by statute; a judge sets custody by order under South Dakota Codified Laws Section 25-4-45. Where the parents cannot agree on times, the South Dakota Parenting Time Guidelines furnish the default schedule. A written plan is still worth filing because it shows the judge the arrangement the parents want adopted.

What should a South Dakota parenting plan include?

A South Dakota plan should fix whether legal custody is joint or sole and how the parents confer on major decisions, then lay out parenting time: the weekday and weekend rotation, holidays, breaks, and summer, plus handoffs, rides, and contact between homes. It can adopt the South Dakota Parenting Time Guidelines as a baseline or set a schedule the parents prefer.

Do I have to attend a parenting class in South Dakota?

Many South Dakota circuit courts require parents in a divorce involving children to complete a parenting-education program, but the requirement and provider are set by the local circuit court rather than by a single statewide class. Check the rules of the South Dakota circuit court where your case is filed to confirm whether a parenting class applies and how to complete it.

South Dakota Parenting Plan

Q: What standard do South Dakota courts use to decide custody?

A South Dakota court weighs what serves the child's temporal, mental, and moral welfare. If the child is old enough to form an intelligent preference, the judge may weigh it, and as between parents adversely claiming custody neither parent is preferred over the other (South Dakota Codified Laws Section 25-4-45). This best-interests test governs both the custody label and the residential time.

Q: Does South Dakota favor the mother, and what are the Parenting Time Guidelines?

No. In South Dakota, as between parents adversely claiming custody, neither parent may be given preference over the other (South Dakota Codified Laws Section 25-4-45). Where the parents do not agree on a schedule, the South Dakota Parenting Time Guidelines supply the default parenting-time schedule the court applies, so a South Dakota parenting plan can either follow the guidelines or set out a schedule the parents prefer.

A South Dakota parenting plan sets out custody and the parenting-time schedule two parents ask the court to approve under the best interests of the child standard. Attorney review available.

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Introduction

A parenting plan is a written agreement that lays out custody and a parenting-time schedule for a couple's children, and it applies whether the parents are divorcing, were never married, or are modifying an existing order. In South Dakota the court decides custody by consideration of what appears to be for the best interests of the child in respect to the child's temporal, mental, and moral welfare, and as between parents adversely claiming custody neither parent may be given preference over the other (South Dakota Codified Laws Section 25-4-45). South Dakota courts may order joint legal custody, under which both parents keep the right and duty to confer on major decisions about the child (South Dakota Codified Laws Section 25-5-7.1). South Dakota does not require a separate, standalone parenting plan by statute; custody is set by a court order. Where the parents do not agree on a schedule, the South Dakota Parenting Time Guidelines supply the default parenting-time schedule the court applies. Writing a clear parenting plan is still valuable in South Dakota because it shows the court the decision-making and schedule arrangement the parents are asking it to adopt. DocDraft builds your South Dakota parenting plan from your family's schedule, with attorney review available before you file it with the court.

Key Things to Know

1
A parenting plan is a written document that captures custody and a parenting-time schedule for a family's children, used whether the parents are divorcing, were never married, or are updating an existing order.
2
In South Dakota the court decides custody by the best interests of the child in respect to the child's temporal, mental, and moral welfare (South Dakota Codified Laws Section 25-4-45).
3
As between parents adversely claiming custody, South Dakota gives neither parent preference over the other (Section 25-4-45).
4
South Dakota courts may order joint legal custody, under which both parents keep the right and duty to confer on major decisions about the child (South Dakota Codified Laws Section 25-5-7.1).
5
South Dakota does not require a separate, standalone parenting plan by statute; custody is set by a court order.
6
Where the parents do not agree on a schedule, the South Dakota Parenting Time Guidelines supply the default parenting-time schedule the court applies.
7
A clear written plan still helps in South Dakota because it shows the court the decision-making and schedule arrangement the parents want it to adopt, and any parenting-class requirement is set by the circuit court.

Key decisions before you file

Before you file a Parenting Plan in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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SOUTH DAKOTA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. It records custody and the day-to-day schedule the parents ask a South Dakota court to approve for the temporal, mental, and moral welfare of the children.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Custody and conferring on decisions. The parents will have [joint legal / sole to PARENT] custody. Under joint legal custody in South Dakota both parents keep the duty to confer on the children's education, health, and religious training, and the court may hand one parent the final say on a named subject (South Dakota Codified Laws Section 25-5-7.1). Routine daily matters and urgent medical care fall to whichever parent has the children at the time.
Parenting-time schedule and the Guidelines. The children will make their main home with [PARENT]. The parents [adopt / adjust] the South Dakota Parenting Time Guidelines as their baseline. Regular weekdays: [set out]. Weekend rotation: [set out, with the times the children change hands].
Holiday rotation. Holidays will rotate between the parents this way: [Thanksgiving, the December holidays, and others, by alternating years or agreement]. Mother's Day belongs to [PARENT] and Father's Day to [PARENT]. A child's birthday: [set out].
Breaks and summertime. Winter and spring breaks will be halved [set out]. Summer time will follow [set out, for instance alternating weeks or one long block each], with vacation dates named in writing by [DATE].
Handoffs and rides. Handoffs happen at [LOCATION] at [TIME], with [each parent / PARENT] driving for [pick-up / drop-off]. A parent who is more than [NUMBER] minutes behind will notify the other right away.
Contact between homes. The children may call or video either parent at reasonable hours, and the parents will pass along news about health, school, and activities and share any change of address or phone number.
Relocation. A parent intending to move the children a considerable distance will give written notice ahead of the move so the parents can confer or ask the court to revisit the schedule.
Settling disputes. If the parents clash over this plan, they will first work it out between themselves and then use mediation before returning to court.

This parenting plan is offered for the court's approval and turns on the best interests of the child in respect to the child's temporal, mental, and moral welfare, with neither parent preferred over the other (South Dakota Codified Laws Section 25-4-45). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

South Dakota Requirements for Parenting Plan

Best Interests Standard
In South Dakota the court decides custody by consideration of what appears to be for the best interests of the child in respect to the child's temporal, mental, and moral welfare (South Dakota Codified Laws Section 25-4-45). If the child is old enough to form an intelligent preference, the court may consider it.
Neither Parent Preferred
As between parents adversely claiming custody, South Dakota gives neither parent preference over the other in determining custody (South Dakota Codified Laws Section 25-4-45). Neither the mother nor the father starts with an advantage; the court decides by the best interests of the child.
Joint Legal Custody
South Dakota courts may order joint legal custody, under which both parents keep the right and duty to confer on major decisions about the child, and the court may give one parent ultimate responsibility over specific matters (South Dakota Codified Laws Section 25-5-7.1). Your plan should state whether legal custody is joint or sole.
Custody Set by Court Order
South Dakota does not require a separate, standalone parenting plan by statute. Custody is set by a court order under South Dakota Codified Laws Section 25-4-45. A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Parenting Time Guidelines
Where the parents do not agree on a schedule, the South Dakota Parenting Time Guidelines supply the default parenting-time schedule the court applies. A South Dakota parenting plan can either follow the guidelines or set out a schedule the parents prefer, which the court can adopt if it serves the child's best interests.
Decision-Making Provisions
Your South Dakota parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious training. Under joint legal custody both parents confer on these decisions (South Dakota Codified Laws Section 25-5-7.1).
Schedule, Holidays, and Exchanges
Your plan should describe the parenting-time schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges, transportation, and communication. A detailed South Dakota schedule reduces conflict by telling both parents and the court exactly when the child is with each parent.
Parenting Class Set Locally
Many South Dakota circuit courts require parents in a divorce involving children to complete a parenting-education program, but the requirement and provider are set by the local circuit court, not by a single statewide class. Check the rules of the South Dakota circuit court where your case is filed.

Find out where you stand in South Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

South Dakota Requirements for Parenting Plan

Best Interests Standard

Neither Parent Preferred

Joint Legal Custody

Custody Set by Court Order

Parenting Time Guidelines

Decision-Making Provisions

Schedule, Holidays, and Exchanges

Parenting Class Set Locally

Frequently Asked Questions