Child Custody Agreement - South Dakota

CHILD CUSTODY AGREEMENT

IN THE CIRCUIT COURT, [____] JUDICIAL CIRCUIT

[________________________________] COUNTY, SOUTH DAKOTA

Case No.: [________________________________]

This Child Custody Agreement ("Agreement") is made on [__/__/____] between [PARENT A FULL LEGAL NAME] ("Parent A") and [PARENT B FULL LEGAL NAME] ("Parent B"). The parents propose the following custody and parenting terms for their child or children. Any existing court order remains controlling until changed by the court.

1. Custody and decisions

Legal custody: ☐ Joint legal custody ☐ Parent A ☐ Parent B ☐ Other: [________________________________]

Physical custody and primary residence: ☐ Shared under Section 2 ☐ Primarily with Parent A ☐ Primarily with Parent B ☐ Other: [________________________________]

The parents will consult each other about major decisions concerning education, nonemergency health care, religious upbringing, and significant activities. Their agreed decision procedure is:

[________________________________]

For a time-sensitive decision, the parent with the child may act as needed and will inform the other parent as soon as practical. Each parent may make routine daily decisions while the child is in that parent's care, subject to any controlling court order.

2. Regular parenting schedule

Start date: [__/__/____]

Choose a draft pattern and supply the exact dates, times, and exchanges below:

• ☐ Alternating seven-day blocks, starting [DAY / TIME] with [PARENT].
• ☐ Alternating two-two-three-day blocks, starting [DAY / TIME] with [PARENT].
• ☐ Alternating five-two-two-five-day blocks, starting [DAY / TIME] with [PARENT].
• ☐ Primary school-week residence with [PARENT], alternating weekends, and [MIDWEEK TIME] with the other parent.
• ☐ Custom pattern: [________________________________].

Overnight and exchange details: [________________________________]

If school is closed or an exchange is missed: [________________________________]

Optional first offer of care: ☐ None ☐ If a parent cannot personally care
for the child during scheduled time for more than [____] hours, offer that time
to the other parent by [METHOD], allowing [____] hours for a reply. Safety
conditions and exceptions: [________________________________].

The parent beginning a parenting period will [________________________________]. Transportation costs will be allocated as follows: [________________________________]. Each parent will promptly tell the other of a substantial delay and propose an alternate exchange.

3. Holidays, vacations, and special days

The holiday schedule below overrides the regular schedule for the stated period. At its end, the regular schedule resumes unless the parents write a different transition rule.

Each parent may take [____] vacation days with the child each year. A parent planning vacation will give the other parent [____] days' written notice, with travel dates, destination, and a contact number. If requests conflict, the parents will use this priority rule: [________________________________].

4. Communication and information

The child may have reasonable telephone or video contact with the parent who is not exercising parenting time at [TIMES OR FREQUENCY]. Neither parent will interfere with contact except as required by a court order or an immediate safety need.

Each parent will provide the other with current contact information and promptly share important school, medical, and activity notices. The parents will communicate about the child by [EMAIL / PARENTING APP / OTHER] at [________________________________]. Emergency contact procedure: [________________________________].

5. Safety and travel

Each parent will provide appropriate care during that parent's parenting time and will notify the other promptly of an emergency affecting the child. The parents' agreed rules for medication, school attendance, activities, and travel are:

[________________________________]

[________________________________]

Any protection order or other existing court order controls over a conflicting term here.

Safety arrangements, if requested for court review: supervised time
[SUPERVISOR / LOCATION / HOURS]; protected exchange [LOCATION / INTERMEDIARY];
protected address or communication [TERMS]; review process [DATE / COURT STEP].

Other proceedings to review before submission: tribal-court order or
proceeding [DETAILS / NONE]; child-welfare case [DETAILS / NONE]; other custody
or protection case [DETAILS / NONE].

6. Relocation

If an existing custody order or other enforceable agreement expressly governs relocation of the child's principal residence, its terms control. Otherwise, the relocating parent will comply with SDCL § 25-4A-17: reasonable written notice by certified mail or admission of service to the other legal parent at least 45 days before relocation, or within a shorter period reasonable under the specific facts. Proof of notice will be filed with the court of record unless the court waives notice. The section's exceptions must be considered, including the qualifications involving later parenting-time orders for protection-order and recent-conviction circumstances.

Check any statutory exception with counsel before deciding notice is unnecessary:
☐ child moves closer to the noncustodial parent; ☐ move stays within the child's
current school district; ☐ qualifying protection order; ☐ qualifying conviction
within the preceding twelve months; ☐ none identified. A later valid parenting-time
order can change the protection-order or conviction analysis under § 25-4A-17.

A notice under SDCL § 25-4A-18 will state the new residence's address and telephone number if known, the relocation's purpose, why it serves the child's best interests, and a proposed visitation plan for the nonrelocating parent. If notice is given in compliance with § 25-4A-17(3) or (4), city and state satisfy the address requirement.

Under SDCL § 25-4A-19, the nonrelocating parent may request a hearing within 30 days of notice. Without a timely request, consent to relocation is presumed. If an objection is filed and relocation would substantially alter existing parenting time, the court considers traditional best-interest factors.

Additional agreed relocation and long-distance parenting arrangements: [________________________________]

7. Changes and disputes

The parents may agree in writing to a short-term schedule adjustment. They will record the dates, exchanges, and return to the regular schedule. A lasting custody change will be submitted to the court for approval. A parent may seek court assistance if the parents cannot resolve a dispute or immediate protection is needed.

Optional dispute discussion procedure: [________________________________]

8. Submission and signatures

The parents ask the court to consider this Agreement in the child's best interests. They have read it, completed all selected terms, and sign voluntarily. Attach any schedule or order expressly referenced above before submission.

Attached schedules or controlling orders: [________________________________]