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As of September, 2002

( )  estimated number of overnights
                                                                             South Dakota          
“Shared Parenting” (joint physical custody)
No Language in Custodial Statutes - Joint Legal Custody is the Default Arrangement

“these guidelines may not apply if the parent equally share caretaking responsibilities for the child and the child is equally attached to both parents”
Infants - Birth to 6 months
Three, 2-hr visits per week with one weekend day for 6 hours OR
Three, 2 hr visits per week with one overnight on a weekend (12 hrs)                                                                                                    (0 - 26)**
Infants - 6 - 18 mos
Three, 3 hr visits per weekend with one weekend day for 6 hrs OR
Three, 3  hr visits per weekend with one weekend overnight for 12 hours or alternate homes, spending significantly more time at one home and no more than two 12-hour overnights per week at the other.                                                                                  (0 - 56)**
Toddlers - 18 - 36 months
Three times per week for a few hours OR Three times a week for a few hours plus one overnight per week OR Alternate homes with more time in one than other with 2 - 3 overnights spaced throughout week                                                          (108 - 156)**
Preschoolers - 3-5 yrs
One overnight on alternating weekends and one mid week visit OR
Two or three nights* at one home spaced throughout the week; the remaining time at the other home.  A vacation of no longer than two weeks.                                                                           
* presumed to be overnights                                           (66 -170)**
** 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:  In general, for infants, a child will be able to spend overnights with their non-custody parent 56 or less nights.  A toddler or preschooler may be able to spend 170 nights or less with their non-custody parent.

*** Interesting Discrepency:  In South Dakota, Although a toddler and preschooler may rightfully be able to spend 156 to 170 overnights with the noncustodial parent, the standards only allow 95 overnights between a 6 year or older child and the non-custody parent.

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