South Dakota Parenting Time Calculator
Free AI-powered calculator using South Dakota's official statutory formula.
How South Dakota Calculates It
South Dakota calculates parenting time as a percentage of 365 annual overnights, with 180 nights (49.3%) being the threshold for shared parenting child support adjustments under SDCL § 25-7-6.27. When both parents have at least 180 overnights per year, the court applies a cross-credit formula that multiplies the combined child support obligation by 1.5, then prorates each parent's share based on their income percentage and overnight percentage. Under the South Dakota Parenting Guidelines (Form UJS-302), standard schedules for school-age children include alternating weekends from Friday 3:15 p.m.
to Monday 8 a.m., plus one midweek overnight on Wednesdays. This standard arrangement provides the non-primary parent approximately 30-35% parenting time. For children ages 3-5, guidelines recommend one overnight on alternate weekends plus one midweek visit.
For toddlers under 3, shorter daytime visits of 4-8 hours are typical before transitioning to overnights. South Dakota's guidelines become mandatory under SDCL § 25-4A-10 when parents cannot agree on their own plan. Common 50/50 schedules achieving the 180-night threshold include week-on/week-off (182.5 nights each) and the 2-2-3 rotation.
Holiday parenting time follows an alternating yearly schedule, with Thanksgiving running Wednesday evening through Sunday evening and Christmas divided between Christmas Eve (8 a.m. December 24 to 8 a.m. December 25) and Christmas Day (8 a.m.
December 25 to 8 a.m. December 26). As of March 2026, verify current guidelines with the South Dakota Unified Judicial System.
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Parenting Time Calculator
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Frequently Asked Questions
How is parenting time calculated in South Dakota?
South Dakota calculates parenting time by counting the number of overnights each parent has per year out of 365 total nights. This overnight count converts to a percentage that determines child support adjustments. For example, 180 overnights equals 49.3% parenting time, while alternating weekends plus Wednesday overnights typically yields 30-35%. Under SDCL § 25-7-6.27, the specific overnight percentage affects whether shared parenting cross-credits apply.
What parenting time percentage qualifies for shared custody in South Dakota?
South Dakota requires each parent to have at least 180 overnights per year (approximately 49.3%) to qualify for shared parenting child support adjustments under SDCL § 25-7-6.27. This 180-night threshold is notably higher than many states. When both parents meet this threshold and share parenting duties proportionally, the court may apply a cross-credit formula that multiplies the base support obligation by 1.5 before calculating each parent's prorated share.
What is a 2-2-3 custody schedule in South Dakota?
A 2-2-3 custody schedule in South Dakota rotates children between parents in a repeating two-week pattern: Parent A has Monday-Tuesday, Parent B has Wednesday-Thursday, then weekends alternate. This schedule results in exactly 50/50 parenting time (182.5 overnights each), exceeding South Dakota's 180-night threshold for shared custody child support cross-credits. The 2-2-3 works well when parents live in the same school district and can manage frequent transitions.
How does parenting time affect child support in South Dakota?
In South Dakota, parenting time directly affects child support when both parents have at least 180 overnights annually. Under SDCL § 25-7-6.27, the court applies a five-step cross-credit formula: the combined obligation is multiplied by 1.5, each parent's share is calculated based on income percentage, then prorated by overnight percentage, and finally offset. The parent owing more pays the difference. Below 180 overnights, standard guidelines apply without adjustment.
Can I modify a parenting plan in South Dakota?
Yes, South Dakota allows parenting plan modifications, but contested orders require proving a substantial change in circumstances affecting the child's best interests under the Jones v. Jones (1988) standard. For agreed-upon orders, the standard is less strict—you must show the modification serves the child's welfare. File a Petition to Modify Custody with the same court that issued the original order. Common qualifying changes include relocation, employment shifts, or significant changes in a parent's living situation.
What is the best custody schedule for toddlers in South Dakota?
South Dakota's Parenting Guidelines (Form UJS-302) recommend age-specific schedules for children under 5. For toddlers ages 12-36 months, guidelines suggest three custodial periods per week of up to eight hours each, with one overnight per week if the child is not breastfeeding. For preschoolers ages 3-5, one overnight on alternate weekends plus one midweek visit is typical. These shorter, more frequent visits help maintain attachment while respecting developmental needs.
How are holidays divided in South Dakota custody agreements?
South Dakota Parenting Guidelines divide major holidays on an alternating yearly basis. Thanksgiving runs from Wednesday evening through Sunday evening, alternating between odd and even years. Christmas is split into Christmas Eve (8 a.m. December 24 to 8 a.m. December 25) and Christmas Day (8 a.m. December 25 to 8 a.m. December 26), with parents alternating which portion they receive each year. Easter, Memorial Day, July 4th, and Labor Day also alternate annually.
What is first right of refusal in South Dakota custody?
First right of refusal is an optional provision parents can include in their South Dakota parenting plan under SDCL § 25-4A-12. It requires a parent to offer the other parent the opportunity to care for the children before using a babysitter or third-party care. Parents typically set a time threshold (commonly 5-8 hours) that triggers this requirement. Since the 2022 guideline updates, non-custodial parents can now use daycare without returning the child to the other parent.
Official Statute
Official Statute
South Dakota Codified Laws Chapter 25-4A (Custody and Parenting Time) and Chapter 25-7 (Child Support)Vetted South Dakota Divorce Attorneys
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