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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.

About Shared Parenting

Shared parenting is designed to support the ongoing involvement of both parents in a child’s life when applicable following a separation or divorce. The UJS provides important information for navigating shared parenting arrangements in South Dakota. This includes how to enforce parenting time orders when one party is not following the court’s decision, how standard parenting guidelines may be implemented and the process for objecting to those guidelines if they do not fit your family’s needs. You’ll also find resources and tools for developing a shared parenting plan that promotes stability, cooperation and the best interests of your child.

In the process of divorce? Find various divorce forms and information here.

The following is the South Dakota Parenting Guidelines, please print and read these guidelines. These are the default guidelines for the State of South Dakota. If both parties cannot reach an agreement on a specific parenting plan, these guidelines will become mandatory.

Review SD Parenting Guidelines

Quick Links & Resources

Steps for Enforcement of Parenting Time Orders

If you have a visitation order from a court in South Dakota AND the other party has disobeyed the decree, temporary order or other court order for custody or visitation, you may follow these instructions and ask the court to enforce the order.

  • Complete the Petition to inform the court of what has occurred. Be specific as to how the other party disobeyed the visitation order.  Copy all exact information from your current visitation order, when prompted.
  • UJS-376-Petition to Show Cause
  • ATTENTION: These forms must be signed in the presence of a notary public or clerk of court. Be sure to bring with you a photo identification to verify that you are who you claim to be. By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be charged with a crime for not telling the truth.

  • Complete only the caption of the Order. The remainder of the form will be completed by the Court. The information for the Caption will be the same as your visitation order.
  • UJS-377-Order to Show Cause

  • File the following documents:
    1. Petition for Order to Show Cause Hearing (Completed in Step 1)
    2. Proposed Order to Show Cause (Completed in Step 2)
    3. Prior Visitation Order
  • Once you have filed the documents and paid the filing fee, the Judge will decide if the Order to Show Cause will be signed. If the Judge signs the Order, the Clerk of Court will set a hearing date and contact you about the hearing.

  • Once, a hearing date has been set it is your duty to serve the opposing party. Instructions to serve the defendant can be found below.
  • Documents You Will Need to Serve - The Defendant must be served with copies of the following (the originals are filed with the Clerk of Court Office):
    1. UJS-376 Petition for Order to Show Cause Hearing (Completed in Step 1)
    2. UJS-377 Order to Show Cause (Completed in Step 2)
    3. UJS-378 Admission of Service for Order to Show Cause (If you believe the opposing party will willfully sign.)
  • Mail or hand delivery - Service can be completed by mail or hand delivery if you believe the opposing party will willfully sign the Admission of Service and provide back to you for filing. 
  • Sheriff's Office or Process Server- You will only need to provide UJS-376 Petition for Order to Show Cause and UJS-377 Order to Show Cause to the Sheriff or Process server and they will provide you with proof of service once completed. Having service done by one of these may be associated with a fee. 

  • Once the opposing party returns the Admission of Service or you have been provided with proof of service from a Sheriff or Process Server, you must file the Proof of Service with the Clerk of Court.

  • What do I need to know for the hearing?
    1. Bring copies of all relevant documents
    2. Bring any proof or witnesses you may have that will verify your loss of visitation rights
    3. Dress and act formally
    4. Refer to the Judge as "Your Honor"
    5. Talk to the Judge, NOT the opposing party
    6. Learn more about preparing for court here.
  • Relax, the Judge simply wants to hear the reasoning from both parties point of view as to why they should prevail.
  • Do not bring your Children to the Hearing
  • At the end of the hearing the Judge will enter an Order and provide the parties a copy of the Order.

Forms & Documents for Enforcement

Important forms and a more comprehensive instructional document can be found here. You are advised to print and follow these instructions. 

UJS-375 Instructions Parenting Time Enforcement

This document guides parents through the process of asking the court to enforce a parenting time order, including how to complete and file the necessary forms, what evidence may be needed and what to expect during the court process.

English

UJS-376 Petition To Show Cause

By filing this form, a parent can request that the other party be ordered to appear in court and explain why they have not complied with the existing parenting order.

English

UJS-377 Order To Show Cause

This document is a court-issued form that directs the other parenting party to appear in court and respond to allegations of not following a custody or parenting time order.

English

UJS-378 Admission of Service for Order to Show Cause

A form used to show the court proof that the opposing party was served with copies of the petition and order to show cause alleging that they have failed to comply with a parenting time order.

English

Steps for Implementing Parenting Guidelines

The following will assist you to understand how parenting time guidelines (commonly referred to as "visitation") work and will provide you with a walk-through of how to implement parenting time guidelines. Implementation of parenting guidelines occurs when you have a visitation, support, or custody order from a court in South Dakota.

NOTE: You can find a link to a document titled "Representing Yourself in Court" here. This document provides great information that can help you through the legal process. It is recommended that you print, retain and use this guide throughout this process to help you understand the steps you will need to take and how to prepare yourself for court. You may also benefit from visiting the section of our site that covers much of what you need to know about Representing Yourself here. 

  • The petition can be completed by filling in information where prompted.  The Caption of the form will need to be completed exactly how it is listed on your current support or custody order
  • The petition basically tells the opposing party that you intend to implement the Standard Parenting Guidelines and informs them that if they don't respond with an objection to the implementation the court will proceed with the Standard Parenting Guidelines.
  • ATTENTION: This form must be completed in the presence of a notary public or the clerk of court. Be sure to bring with you a photo identification to verify that you are who you claim to be. By signing your name, you are telling the court that you are telling the truth and that you have a good faith reason for your requests. If you are not telling the truth, if you are misleading the court, or if you are serving or filing this document for an improper purpose, the court could find you in contempt or you could be charged with a crime for not telling the truth.
  • UJS-366-Petition for Order Implementing Parenting Time Guidelines

  • Take the original copies of the Petition and Notice of Petition to the Clerk of Court for filing. The clerk can make copies of the documents for you to serve on the opposing party.

  • Documents You Will Need to Serve - In order to request to Implement the Parenting Guidelines, the opposing party must be served with copies the following documents (the originals are filed with the Clerk of Court Office)
    1. UJS-366 Petition for Order Implementing South Dakota Parenting Guidelines (Completed in Step 1)
    2. UJS-367 Notice of Petition for Parenting Time Guidelines (Completed in Step 2)
    3. UJS-368 Admission of Service of Petition for Parenting Time Guidelines.
  • Hand Delivered or Mail - If you believe the opposing party will willfully accept service of the Petition, you can provide them with a copy of UJS-368 Admission of Service of Petition for Parenting Time Guidelines for them to provide back to you for filing. 
  • Sheriff's Office or Process Server - The opposing party can also be served by way of Sheriff or process server. Once they have completed service, they will provide you with a copy of proof of service for filing. Having service done by Sheriff or process server may be associated with a fee. 

  • File the original Proof of Service document with the Clerk of Court. This is either the Sheriff or Process Server's proof of service (called the Affidavit of Service) or the Admission of Service.

  • If after 10 days from the Service of Process, the opposing party does not file an objection, you may submit the Proposed Order Implementing South Dakota Parenting Time Guidelines (below) along with the prior support/custody Court Order. The Judge will then order the guidelines to be implemented and will mail both parties a copy of the signed Order. Complete only the caption of the Order. The court will complete the remainder of the form. 

          UJS-370-Order Implementing Parenting Time Guidelines

The Clerk of Court will schedule a hearing and send all parties a copy of the Notice of Hearing which you will be required to attend. 

  • What do I need to know for the hearing?
    1. Bring copies of all relevant documents
    2. Bring any proof or witnesses you may have that will support your claims as to why (or why not) the standard guidelines should be implemented
    3. Dress and act formally
    4. Refer to the Judge as "Your Honor"
    5. Talk to the Judge, NOT the opposing party
  • Relax, the Judge simply wants to hear the reasoning from both parties point of view as to why they should prevail.
  • Do NOT bring your Children to the Hearing
  • NOTICE TO OPPOSING PARTY: Be prepared to answer with sound reasoning, why the standard guidelines should not be implemented.
  • At the end of the hearing the Judge will enter an Order and send the parties a copy of the Order.

Forms & Documents for Implementation

The following are documents intended to help guide you through this process, including Instructions for Application of Parenting Guidelines and a checklist of the forms you will need. It is recommended that you print, read and understand these documents before proceeding.

UJS-365 Instructions Implementing SD Parenting Time

This document provides step-by-step guidance on how to request that the court apply the state’s standard parenting time schedule, explains how to complete and file the required forms and outlines what to expect during the court process.

English

UJS-366 Petition For Order Implementing Parenting Time Guidelines

This document is used to ask the court to apply South Dakota’s standard parenting time guidelines in a custody case. Filing this petition can help establish a clear and consistent visitation schedule when one hasn’t been formally set or followed.

English

UJS-368 Admission Of Service For Guidelines

This document is used when the other party acknowledges they have received the petition to implement South Dakota’s parenting time guidelines. By signing this form, they confirm service, allowing the case to move forward without formal service by a sheriff or process server.

English

UJS-370 Order Implementing Guidelines

This is a court order that officially applies South Dakota’s standard parenting time guidelines to a custody case. Once signed by a judge, it sets a structured visitation schedule to ensure consistent time with both parents.

English

UJS-373 Checklist For Implementing Parenting Time Guidelines

This document helps you ensure all required steps and forms are completed when requesting the court to apply South Dakota’s standard parenting time guidelines. It serves as a simple guide to keep the process organized and on track.

English

How Do I Object to the Implementation of Parenting Guidelines

If you do not object to the standard guidelines no further action is necessary. However, if you do object to the guidelines please follow the following instructions.

If you disagree with the standard guidelines you must complete the "Objection to Order Implementing Parenting Time Guidelines" found below. You must complete the Objection within 10 days from the time you received notice of the action.

Once you have filed the Objection with the Clerk of Court, they will set a court hearing date and send both parties a notice of hearing form.

 

The following instructions MUST be followed closely to properly complete the Objection.

  1. Fill out the top part of the form (called the Caption) with the information found at the top of your current support, visitation or custody Order. Be sure to copy the information exactly as it is on your current support, custody or visitation order.

  2. Write down the section numbers you Agree with in paragraph one on the Objection form.

  3. Write down the section numbers you Disagree with in paragraph two of the Objection form.

  4. Write down the section numbers you partially Agree or Disagree in paragraph three of the Objection form.

  5. If you wish to further explain your answers, you may do so using the attached sheet marked for that purpose.

  6. Sign the Objection form in the presence of a Notary Public or Clerk of Court and have the Notary Public/Clerk of Court complete their portion. By signing your name you are swearing to the Court that you are telling the truth. If you are not telling the truth, or if you are misleading the court, or filing this document for an improper purpose, the Court can impose penalties.

  7. Make one copy for your records and one for the Petitioner. You must mail the opposing party a copy of your Objection form.

  8. File your original Objection form with the Clerk of Court. Again, this must be done within ten (10) days of receiving the "Notice of Petition for Implementing Parenting Time Guidelines."

Forms & Documents for Objecting

You can find a link to "Instructions for Objecting to Implementation of the South Dakota Parenting Time Guidelines" here. You are advised to read and follow these directions closely.

UJS-371 Instructions For Objecting To Guidelines

This document explains how to formally oppose the implementation of standard parenting time guidelines in a custody case and walks through completing the necessary forms, filing them with the court and what to expect during the objection process.

English

UJS-367 Notice Of Petition For Parenting Time Guidelines

This document informs the other parenting party that a request has been made to implement South Dakota's standard parenting time guidelines. It gives them official notice of the petition and the opportunity to respond or object before the court makes a decision.

English

UJS-372 Objection To Order Implementing Guidelines

This document is used to formally object to a proposed court order that would apply South Dakota’s standard parenting time guidelines. Filing this form lets the court know you disagree with the guidelines being applied and allows you to present your reasons for requesting a different arrangement.

English

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