South Dakota Parenting Plan

South Dakota publishes standard parenting-time guidelines that become a mandatory initial parenting plan, enforceable as a court order, as soon as a custody case is filed and the parents have not agreed on a plan of their own.

Document: Parenting plan
Court: Circuit Court
Decision-making called: Legal custody
Parenting time called: Physical custody

Build your South Dakota residential schedule

Choose a pattern and get the exact overnight counts your parenting plan needs to state.

Schedule pattern

50/50

Each parent keeps the same two weekdays every week and the weekends alternate, producing a repeating 2-2-5-5 night pattern.

January 2026

Parent A
Parent B

Tap any night to switch parents.

A parenting plan is the written document that tells the Circuit Court, and, afterwards, both households, where your children are on each night of the year and who decides what. Once the court signs it, it is an order rather than an agreement.

South Dakota uses the term physical custody for the time the children spend with each parent, and legal custody for the authority to make major decisions. Drafting in the state's own vocabulary avoids questions at filing and makes the plan easier for the court to read.

What a South Dakota plan needs to cover

Residential schedule

Which parent the children are with on every night of the year, including how the regular rotation works and when it starts.

Holidays and school breaks

How Thanksgiving, the winter holidays, spring break, summer and each child's birthday are divided, and how the rotation alternates between years.

Exchanges and transportation

Where exchanges happen, at what time, who does the driving, and what happens when someone is running late.

Decision-making

Who decides on education, medical care, religion and activities: jointly, or with one parent having the final say in specific areas.

Communication

How the parents contact each other, how each parent contacts the children during the other's time, and what counts as an emergency.

Changes and disputes

How the parenting plan gets changed later, notice periods for relocation, and what the parents will try before returning to court.

Filing in South Dakota

Custody and physical custody matters in South Dakota are heard in the Circuit Court. Forms, filing fees, mediation requirements and local rules differ between counties, and they change, so confirm the current requirements with the court where you are filing before you prepare anything final.

The South Dakota judiciary publishes its current forms and local rules at ujs.sd.gov. CustodyPlan is not affiliated with any court.

Choosing a schedule that works in South Dakota

The schedule is the part of the plan you will actually live with, and the part every other section depends on. Start from your children's ages and the distance between the two homes, then pick the pattern that fits both.

South Dakota questions

What are the South Dakota parenting time guidelines?

They are the state's published schedule, UJS Form 302. If the parents have not agreed on a plan of their own, the guidelines become the mandatory initial parenting plan as soon as a divorce or custody case is commenced, and they are enforceable as a court order until the court orders otherwise. Either parent can file a written objection and get a hearing within 30 days, and an agreed or court-ordered plan replaces them.

What is a South Dakota parenting plan called on the court forms?

South Dakota refers to it as a parenting plan, filed in the Circuit Court. The state uses "legal custody" for decision-making authority and "physical custody" for the time each parent spends with the children. Check the current forms published by the South Dakota judiciary before filing, as forms and local rules change.

How many overnights do I need for a South Dakota plan?

Whatever your schedule actually produces, and the plan should state it precisely. In most states the overnight count feeds into the child-support formula and into how the arrangement is classified, though a few states, Texas among them, set guideline support from income alone. The calculator on this page gives you the exact annual figure for the schedule you choose.

Can I write my own parenting plan in South Dakota?

Parents routinely prepare and file their own agreed plans. Where South Dakota publishes a mandatory or preferred form, work the schedule and figures out first and then transfer them onto that form. Having an attorney review the plan before you sign is advisable, particularly if the two of you disagree on anything substantive.

CustodyPlan is a document-preparation tool, not a law firm. We do not provide legal advice, and using CustodyPlan does not create an attorney-client relationship. We are not affiliated with any court. Have your completed plan reviewed by an attorney or your local court before filing.