Executive Board:
John Grosz, President
Ryan Brech, Vice President
Steve Mathis, Treasurer
Brian Martin, Secretary
Open, West River Rep.
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MINIMUM OVERNIGHTS
SOUTH DAKOTA
MINIMUM PARENTING GUIDELINES
September, 2002
(estimated number of overnights)
South Dakota
“Shared Parenting” (joint physical custody)
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No Language in Custodial Statutes - Joint Legal Custody is the preferred custody, not joint physical custody
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Weekends - Ages 3-5
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One overnight on alternating weekends - Saturday Morning to Sunday evening
(26)
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Weekends - Ages 6 and up
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Alternate weekends from Friday @ 5:30 pm to Sunday at 7 p.m.
(52)
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Weekdays - Ages 3-5
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One mid-week visit
(0)
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Weekdays - Ages 6 and up
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1-2 midweek visits of 2-3 hours
(0)
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Holidays
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Alternate (1)
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Christmas
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Split Equally (4)
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Child's Birthdays
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Alternated (0)
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Summer
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One-Half (36)
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Total Overnights / Year
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3-5 (66 - 170)** 6 + (93)
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Percentage of Total Overnights per Year
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3-5 18% - 47%** 6 + 26%
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** It is predicted that the majority of infant, toddler and preschool cases result in the lower end of overnights for noncustodial parents unless both parents agree to more.
Summary: According to the South Dakota Standard Guidelines, with a preference of Joint Legal custody not joint physical custody, Infants are allowed a maximum of 56 overnights (15%) with the noncustodial parent. Toddlers can spend 108 - 156 (30% - 43%) overnights with the noncustodial parent. Preschoolers can spend 66 - 170 (18% - 47%) with the noncustodial parent. Meanwhile, children, ages 6 and up can spend 93 (26%) overnights with their noncustodial parent.
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