Custody

The South Dakota Supreme Court has established standard parenting guidelines, which generally apply to custody cases in the state.¹ These Guidelines try to solve some of the most common issues faced by separated parents, including:

• parental communication, 
• schooling, 
• daycare, 
• social media, 
• communication with children, and 
• visitation.²

However, the Guidelines cannot overrule the provisions included in:

• a domestic violence protection order; 
• an order arising out of an abuse or neglect proceeding; 
• a bond condition arising out of a criminal case; or 
• an order in any other proceeding affecting child custody or support.² 

If you and the other parent reach a visitation agreement that does not follow these Guidelines, you should do so in writing. The agreed plan has to be signed by both parents and approved by the court to replace the standard parenting guidelines or any plan filed previously.³ If parents are unable to agree on a parenting plan and there is no other order regarding custody, the parenting guidelines become an order of the court once one party serves the other with papers for divorce or custody.⁴

¹ SDCL § 25-4A-9
² SDCL § 25-4A-14
³ SDCL § 25-4A-12
⁴ SDCL § 25-4A-11