A parenting plan in South Dakota is a written, notarized agreement under SDCL § 25-4A-12 that sets out custody, parenting time, and decision-making for your children. If you do not file your own plan, the statewide South Dakota Parenting Time Guidelines (Form UJS 302) become a binding court order under SDCL § 25-4A-9 the moment one parent serves divorce or custody papers.
South Dakota gives separating parents a genuine choice: write your own parenting plan South Dakota courts will approve, or let the state's detailed default guidelines apply automatically. Both parents must also complete a court-approved parenting course within 60 days of service, and no final decree can be entered until both certificates are filed. This guide explains every requirement, deadline, and cost so you can build a parenting plan that protects your children and survives judicial review.
Key Facts: South Dakota Parenting Plans
| Item | South Dakota Requirement |
|---|---|
| Divorce filing fee | $97 base (range $95–$120 by county) |
| Waiting period | 60 days from service of summons under SDCL § 25-4-34 |
| Residency requirement | Resident at time of filing under SDCL § 25-4-30 — no minimum duration |
| Grounds | No-fault (irreconcilable differences) plus fault grounds |
| Property division type | Equitable distribution (not community property) |
| Governing custody statute | SDCL Chapter 25-4A |
| Parenting course | Mandatory within 60 days under SDCL § 25-4A-32 |
| Shared parenting threshold | 180+ nights per year under SDCL § 25-7-6.27 |
| Relocation notice | 45 days written notice under SDCL § 25-4A-17 |
Filing fees are as of January 2026. Verify with your local clerk.
What Is a Parenting Plan in South Dakota?
A parenting plan in South Dakota is a written custody agreement, signed by both parents before a notary, that the court incorporates into its order under SDCL § 25-4A-12. It addresses legal custody (decision-making), physical custody (where the child lives), and a specific parenting time schedule. When parents agree, this self-authored plan replaces the statewide guidelines and can deviate from them in any way the court approves as serving the child's best interests.
South Dakota treats parents who cooperate differently from those who litigate. If you and the other parent reach agreement, you draft and submit your own co-parenting schedule. If you cannot agree, the South Dakota Parenting Time Guidelines (Form UJS 302) automatically become the legally enforceable plan under SDCL § 25-4A-9. This default-versus-custom structure gives parents a strong financial and practical incentive to negotiate. A custom parenting plan typically costs only notary and filing fees, while a contested custody dispute can add thousands of dollars in attorney and evaluation costs and stretch the case from a 2-to-4-month uncontested timeline to 6 to 18 months.
The South Dakota Parenting Time Guidelines (Default Plan)
If parents do not file an agreed plan, the South Dakota Parenting Time Guidelines become a court order automatically under SDCL § 25-4A-9 once one parent serves the other with divorce or custody papers. These guidelines, published as Form UJS 302 and revised October 2025, provide age-graduated parenting time schedules that no parent has to negotiate from scratch.
The guidelines are detailed and age-specific. For school-age children five and older, the standard parenting time schedule provides the non-primary parent alternating weekends from Friday afternoon through Monday morning, plus a midweek Wednesday overnight, along with allocated holiday and summer time. Schedules scale by the child's age, the distance between the parents' homes, and existing school and childcare arrangements. The guidelines apply to all custody situations — divorces with minor children, paternity actions, and joint legal custody cases where one parent has primary physical custody. They do not apply where the court reasonably believes the child's physical health or safety is in danger.
Either parent may object to the guidelines as the initial plan. A written objection (Form 372) filed with the clerk triggers a hearing scheduled within 30 days, after which the judge issues a temporary custody and parenting time order based on the best interests of the child. This objection right means no parent is permanently locked into the default visitation schedule if it does not fit the family's circumstances.
What a South Dakota Parenting Plan Must Include
A valid South Dakota parenting plan must be in writing, signed by both parents before a notary, and filed with the court under SDCL § 25-4A-12. Beyond these formal requirements, a strong plan addresses every recurring decision so parents avoid returning to court. Courts review custody agreements against the best-interests standard, so vague or incomplete plans risk rejection or modification.
A complete parenting plan in South Dakota should specify the following elements:
- Legal custody: whether decision-making on education, healthcare, and religion is joint or sole
- Physical custody designation: which parent is the primary residential parent, if any
- A regular parenting time schedule: the weekly co-parenting schedule, including overnights
- Holiday and vacation schedule: how major holidays, school breaks, and summer divide each year
- Transportation and exchanges: pickup and drop-off times, locations, and who provides transport
- Communication: how the child contacts the other parent and how parents communicate with each other
- Dispute resolution: a mediation or conflict-resolution step before returning to court
- Relocation terms: acknowledgment of the 45-day notice rule under SDCL § 25-4A-17
If both parents want to share roughly equal time, the plan can be structured as a Shared Parenting Plan under SDCL § 25-7-6.27, which requires the child to reside at least 180 nights per calendar year in each home and the parents to share expenses in proportion to their incomes.
The Mandatory Parenting Course Requirement
Both parents in any South Dakota custody or parenting time case must complete a court-approved parenting course within 60 days of service of the summons and complaint under SDCL § 25-4A-32. No final decree or custody order can be entered until both parents file a certificate of completion or obtain a good-cause waiver from the court. This requirement applies to every contested and uncontested case involving minor children.
The course is a substantive prerequisite, not a formality. Each parent arranges and pays for their own approved course, and the curriculum must cover the effects of separation and divorce on children, co-parenting skills and responsibilities, children's needs and coping techniques, conflict-resolution options for parenting time disputes, and parents' financial responsibilities. Protection order proceedings and parental-rights termination cases are exempt under SDCL § 25-4A-32. Because the 60-day course deadline runs parallel to the 60-day divorce waiting period under SDCL § 25-4-34, parents who delay enrollment risk stalling the entire divorce — the case cannot finalize until both certificates are on file. Enroll early to keep your timeline on track.
Joint Physical Custody and Shared Parenting
If either parent requests joint physical custody, a South Dakota judge must consider it, but the state does not presume joint custody serves the child's best interests under SDCL § 25-4A-24. This sets South Dakota apart from states with a 50/50 starting presumption. The court weighs specific statutory factors before granting joint physical custody, and a parent's history of domestic violence creates a rebuttable presumption against that parent.
South Dakota distinguishes two related concepts. "Joint physical custody" describes shared residential time generally, while "shared parenting" is a defined arrangement under SDCL § 25-7-6.27 in which the child resides at least 180 nights per calendar year in each parent's home. A Shared Parenting Plan must be in writing, must allocate parenting duties and expenses in proportion to each parent's income, and must be incorporated into the custody order. Under SDCL § 25-4A-24, the court considers "friendly parent" factors — including whether a parent has alienated the child from the other parent — and whether the child's psychological and emotional development will suffer from a lack of active contact with both parents. Before ruling, a judge may order a home study or custody evaluation under SDCL § 25-4A-23.
The Best Interests of the Child Standard
South Dakota bases every custody and parenting time decision on the best interests of the child, treating the child's health, welfare, and well-being as paramount under SDCL Chapter 25-4A. Unlike many states, South Dakota law does not codify a fixed list of best-interest factors that judges must apply in every case — except when one parent has requested joint physical custody, where SDCL § 25-4A-24 supplies specific factors.
Instead, the South Dakota Supreme Court has articulated guiding principles that trial judges apply. Courts examine each parent's caregiving history, the stability each home offers, the child's relationship with each parent, and each parent's willingness to support the child's bond with the other parent. During a divorce or custody proceeding, the child generally remains with the parent who served as the primary caregiver for the prior 12 months, with the standard guidelines governing parenting time, unless the parents agree otherwise. This continuity-of-care principle means the parent who handled day-to-day caregiving before separation often retains primary physical custody. Documenting your caregiving role — school pickups, medical appointments, daily routines — strengthens your position when a custody agreement is contested.
How to File Your Parenting Plan: Step by Step
Filing a parenting plan in South Dakota costs $97 in base court fees (range $95–$120 by county) and requires notarized signatures from both parents under SDCL § 25-4A-12. The plan is filed with the Clerk of Courts in the county where the divorce or custody action is pending. Fees are as of January 2026; verify with your local clerk.
Follow these steps to file a South Dakota parenting plan:
- Confirm residency: under SDCL § 25-4-30, you must be a South Dakota resident at the time of filing — there is no minimum duration, the most lenient rule in the nation.
- Draft the plan: address legal custody, physical custody, the parenting time schedule, holidays, transportation, and dispute resolution.
- Sign before a notary: both parents must sign the written plan in the presence of a notary public.
- File with the Clerk of Courts: submit the plan in the county where your case is pending and pay the $97 base filing fee (or request a fee waiver via a Motion and Financial Affidavit).
- Complete the parenting course: both parents must finish a court-approved course within 60 days under SDCL § 25-4A-32 and file certificates.
- Observe the waiting period: the court cannot finalize until 60 days after service under SDCL § 25-4-34.
If you cannot afford the filing fee, South Dakota allows a fee waiver upon filing a Motion and Order to Waive Filing Fee with a Financial Affidavit demonstrating hardship. The respondent pays a separate $25 fee only if contesting.
Modifying and Enforcing a Parenting Plan
A South Dakota parenting plan can be modified when a parent shows a substantial change in circumstances since the last order, evaluated against the best-interests standard under SDCL Chapter 25-4A. The most common trigger is relocation, which requires the custodial parent to give 45 days written notice before moving with the children under SDCL § 25-4A-17.
Relocation notice carries specific content and exceptions. The notice under SDCL § 25-4A-18 must include the relocating parent's proposed parenting time plan for the non-relocating parent. No notice is required if the move brings the child closer to the other parent, stays within the child's current school district, is protected by a valid restraining order, or where the non-custodial parent has been convicted within the past 12 months of a qualifying domestic violence offense against the parent or child. When one parent leaves a shared community, the court may shift the children's travel costs to the relocating parent, weighing each parent's economic circumstances and the reasons for the move. Violations of a parenting plan are enforced through a motion for contempt or enforcement; the court can compel compliance, adjust the schedule, or in serious cases reconsider custody. Keep dated records of every missed exchange or denied parenting time to support an enforcement motion.
Recent Developments in South Dakota Custody Law
The South Dakota Parenting Time Guidelines were most recently revised in October 2025 (Form UJS 302), and a standing Commission on Parenting Time Guidelines now reviews the standard guidelines under SDCL § 25-4A-30. The Commission evaluates the guidelines and reports recommended updates to the South Dakota Supreme Court, the Governor, and the Legislature every four years, meaning the default parenting time schedule is subject to periodic revision.
This ongoing review matters for any parent relying on the default guidelines. Because the guidelines can change while a case is pending or after an order is entered, parents should confirm they are working from the current Form UJS 302 published by the South Dakota Unified Judicial System. The core statutory framework in SDCL Chapter 25-4A — including the notarized-plan requirement, the 60-day parenting course deadline, the 180-night shared parenting threshold, and the 45-day relocation notice — remains in force for 2026. As of January 2026, the divorce filing fee is $97 base (range $95–$120 by county); verify the exact amount with your local Clerk of Courts before filing, as fees and guideline forms are updated periodically.