Make your own free website on
HOME   State Custody Excerpts  

South Dakota Standard Guidelines
SD Guidelines - 93 overnights
SD Shared Parent Child Support Guidelines

South Dakota

Order for joint legal custody -- Factors for court's consideration. In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on major decisions affecting the welfare of the child. In ordering joint legal custody, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child. If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include primary physical residence, education, medical and dental care, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child.

Residential parent to make routine decisions concerning child. During the time a child, over whom the court has ordered joint legal custody to both parents, resides with either parent, that parent shall decide all routine matters concerning the child

25-5-8.    Father's rights not superior to mother's while separated.

25-4A-9.  "Standard guidelines" defined. For the purposes of § §  25-4A-9 to 25-4A-16, inclusive, the term, standard guidelines, means the child visitation guidelines established by court rules promulgated by the South Dakota Supreme Court pursuant to §  25-4A-10. - effective July 1,2002

25-4A-10.  Supreme Court to promulgate child visitation guidelines. The South Dakota Supreme Court shall promulgate court rules establishing standard guidelines to be used statewide for child visitation in divorce or separate maintenance actions or any other custody action or proceeding. The standard guidelines shall provide a framework for child visitation including frequency and time for child visitation; hours or days of visitation; definitions for weekends, holidays, birthdays, and other special occasions; and time periods for summer visitations. In establishing the standard guidelines, the court may consider varying ages and circumstances of children and treat varying ages and circumstances differently.  effective July 1, 2002

  25-4A-11.  Plaintiff in custody action to file and serve guidelines -- Guidelines as court order -- Custody of minors. Upon the filing of a summons and complaint for divorce or separate maintenance or any other custody action or proceeding, the plaintiff shall also file and serve upon the defendant a copy of the standard guidelines. The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service. Any minor child of the marriage shall remain in the custody of the parent who has been the primary caregiver for the minor child for the majority of time in the thirty days preceding the filing of the summons and complaint, unless the parties agree otherwise. The standard guidelines shall apply and continue in effect, unless the parties agree, or the court orders otherwise. Imposition of the standard guidelines creates no presumption as to who shall be awarded custody at any hearing - effective July 1, 2002

  25-4A-12.  Visitation agreement other than standard guidelines -- Requirements. Any agreement by the parties for visitation other than the standard guidelines shall be in writing, signed by both parties and filed with the court. The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.  Effective July 1, 2002

 25-4A-13.  Objections to custody or visitation order -- Hearing -- Temporary order. If either party objects to the initial custody arrangement in §   25-4A-11 or the standard guidelines, the court shall order a hearing which shall be held not later than thirty days after the date of the objection. The court shall issue its temporary custody and visitation order after considering the best interests of the child consistent with the provisions of §  25-4-45.  Effective July 1, 2002

Back to Top

Back to Top