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Relocate With Minor Child

Learn what you need to do if you are a parent in South Dakota who has custody or parenting time and want to move to a new location with your minor child.

"Relocate with Minor Child" forms are legal documents used when a parent who has custody or parenting time rights wants to move to a new location with their child and their current custody order does not expressly address what happens if they move with the minor child. Here's a breakdown of what it’s typically used for and why it matters. The process is used to:

  1. Notify the Court and the other parent of the intended move.
  2. Request permission from the Court to relocate with the child if required by court order.
  3. Document the proposed relocation details, such as the new address, reason for the move, and how it will affect current parenting arrangements. 

Important Information & Forms

  • These forms do not start a new civil case and should be filed in the case where child custody or support was previously established.
  • The other parent must receive the Notice of Relocation a minimum of 45 days prior to the intended relocation. If you are unable to provide sufficient notice to the other party, you must provide to the Court an acceptable reason in the Notice to Relocate Minor Children.
  • These forms are not a guarantee you will be able to relocate, as the other party may file an objection to the relocation and request a hearing. It would then be up to the Court to determine what is in the best interest of the child in determining relocation. These forms are simply to give notice to the nonrelocating party. If you don’t believe the other party will consent, it is highly recommended that you speak with an attorney. 
  • Should the other parent object to the relocation, they must request a hearing with the Court within 30 days of the notice of relocation. 
Access the Forms

Relocate With Minor Child Related Topics

Shared Parenting Guidelines & Plans

Learn how shared parenting works in South Dakota, including your options for addressing parenting time orders, implementing parenting guidelines and building a plan that supports your child’s well-being.

Child Custody

Access documents, forms, files and necessary information related to child custody, visitation, etc. These documents are for any mother, father, parent or legal guardian of a minor.

Child Support

Whether you need to modify your child support orders, access documents about child support or enforce child support payments that are late, find all you need below with these resources.