CHILD CUSTODY AND PARENTING PLAN AGREEMENT

(South Dakota – Court-Ready Template)

[// GUIDANCE: This template is drafted for South Dakota matters governed by SD state family-law statutes and rules. It is intended for use by licensed attorneys who will customize bracketed items and ensure compliance with current local rules, administrative orders, and any standing parenting-time guidelines issued by the presiding circuit court.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
   1. Legal Custody
   2. Physical Placement & Parenting Schedule
   3. Holiday & Vacation Parenting-Time Schedule
   4. Transportation & Exchange Logistics
   5. Communication & Decision-Making Protocols
   6. Relocation
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title
 Child Custody and Parenting Plan Agreement (the “Agreement”).

1.2 Parties
 This Agreement is entered into by and between:
 (a) [PARENT A FULL LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
 (b) [PARENT B FULL LEGAL NAME], residing at [ADDRESS] (“Parent B”)
 (collectively, the “Parties,” and each, a “Party”).

1.3 Child(ren)
 This Agreement concerns the minor child(ren) listed below (each, a “Child,” and collectively, the “Children”):
 • [CHILD 1 FULL LEGAL NAME], born [DOB]
 • [CHILD 2 FULL LEGAL NAME], born [DOB]
 [Add additional lines as needed.]

1.4 Recitals
 A. The Parties are the natural/legal parents of the Children.
 B. The Parties desire to resolve all issues relating to custody, parenting time, and the welfare of the Children in accordance with South Dakota’s “best interests of the child” standard.
 C. The Parties intend this Agreement to be incorporated, but not merged, into any final judgment, decree, or order of the [INSERT CIRCUIT] Circuit Court, State of South Dakota (the “Court”), and to remain contractually binding except as modified by a subsequent written agreement approved by the Court.
 D. Adequate consideration exists, including the mutual covenants herein.

1.5 Effective Date and Jurisdiction
 This Agreement is effective as of [EFFECTIVE DATE] and shall be governed by the laws of the State of South Dakota (without regard to conflict-of-law principles). The Court retains exclusive subject-matter jurisdiction over custody issues.

II. DEFINITIONS

The following terms have the meanings set forth below. Defined terms appear capitalized throughout this Agreement.

“Best Interests Factors” – The non-exclusive considerations recognized under South Dakota law when determining custody, including but not limited to: (a) the Children’s emotional and developmental needs; (b) parental fitness, stability, and mental/physical health; (c) continuity and quality of the parent-child relationship; (d) the Children’s adjustment to home, school, and community; (e) each parent’s history of caregiving and ability to provide a safe environment; and (f) the Children’s reasonable preferences, if of sufficient age and maturity.

“Legal Custody” – The right and obligation to make major decisions affecting the Children’s health, education, and welfare.

“Physical Placement” – The period during which a Child is in the actual care of a parent and that parent is responsible for routine daily decisions.

“Parenting Coordinator” – A neutral professional appointed by the Court or agreed in writing by the Parties to assist in implementing and monitoring this Agreement.

“Relocation” – A residential move by a parent that (a) would place the Children’s primary residence more than 100 road-miles from the other parent’s residence, or (b) crosses any state line.

“School Break” – Any scheduled break exceeding three consecutive school days (e.g., winter or spring break) and the summer recess.

[Add additional definitions as needed for unique circumstances.]

III. OPERATIVE PROVISIONS

3.1 Legal Custody

3.1.1 Joint Legal Custody. The Parties shall share joint Legal Custody. Material decisions (medical, educational, extracurricular, religious, and major disciplinary matters) require good-faith consultation and mutual agreement.
3.1.2 Tie-Breaker. If the Parties cannot agree after good-faith efforts, either Party may submit the dispute to mediation per Section VIII before seeking Court intervention.

3.2 Physical Placement & Parenting Schedule

3.2.1 Regular Schedule. Beginning on the Effective Date, Physical Placement shall follow the schedule set forth in Exhibit A (the “Parenting Schedule”).
3.2.2 Minimum Parenting Time. Parent B shall have not less than [X] overnights per year and [X] non-overnight parenting periods per month. [// GUIDANCE: South Dakota courts typically begin with the statewide standard guideline schedule unless the Parties stipulate otherwise.]
3.2.3 Right of First Refusal. If a parent cannot exercise a scheduled period of more than [NUMBER] hours, that parent shall first offer the time to the other parent before arranging third-party childcare.

3.3 Holiday & Vacation Parenting-Time Schedule

3.3.1 Holidays. Holidays listed in Exhibit B supersede the regular Parenting Schedule. Holidays alternate annually unless stated otherwise.
3.3.2 Vacation. Each parent may schedule up to [NUMBER] consecutive vacation days during which that parent shall have exclusive Physical Placement, provided written notice is given at least [30] calendar days in advance and the vacation does not unreasonably interfere with the other parent’s holiday time.
3.3.3 School Breaks. Unless otherwise agreed, School Breaks follow the alternating-year schedule in Exhibit B.

3.4 Transportation & Exchange Logistics

3.4.1 Pick-Up/Drop-Off Location. Unless modified by mutual agreement, exchanges occur at [LOCATION].
3.4.2 Allocation of Travel Costs. The parent beginning his/her placement period shall be responsible for pick-up; the parent whose period is ending shall be responsible for drop-off. Parties shall share equally any airfare or long-distance travel costs.

3.5 Communication & Decision-Making Protocols

3.5.1 Non-Interference. Each parent shall foster free communication between the Children and the other parent.
3.5.2 Access. The Children may communicate with the non-custodial parent by telephone, text, or video chat at reasonable times, not less than [NUMBER] times per week.
3.5.3 Information Sharing. Each parent shall provide the other with access to school portals, medical providers, activity schedules, and report cards within [3] business days of receipt.

3.6 Relocation

3.6.1 Notice. A parent intending Relocation must provide written notice to the other parent at least 45 days before the proposed move, stating the new address, phone number, reasons for move, and proposed revised Parenting Schedule.
3.6.2 Consent or Court Approval. Absent written consent of the non-relocating parent, the relocating parent must obtain Court approval before moving the Children.
3.6.3 Temporary Orders. Either parent may petition the Court for temporary orders regarding placement, travel costs, or other matters pending a Relocation hearing.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that he/she is a legal parent or guardian of the Children and has full authority to enter into this Agreement.

4.2 Disclosure. Each Party warrants that no material fact concerning the Children’s health, special needs, pending litigation, or criminal investigations is undisclosed.

4.3 Compliance. Each Party represents that there are no existing orders, except as attached hereto, that conflict with the provisions herein.

4.4 Survival. The representations and warranties in this Agreement shall survive execution and be enforceable during the Children’s minority.

V. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither parent shall make or permit any disparaging remarks about the other parent in the presence or hearing of the Children.

5.2 Substance Use. Each parent shall remain free from alcohol impairment or illegal drug use during periods of Physical Placement.

5.3 Firearms & Hazardous Items. Firearms shall be stored unloaded, locked, and separate from ammunition. Hazardous items shall be similarly secured.

5.4 Health & Education. Each parent covenants to ensure the Children attend scheduled medical appointments, therapy sessions, and school unless prevented by legitimate emergency.

5.5 Monitoring & Compliance. Upon reasonable request, a Party shall provide documentation, receipts, or records reasonably necessary to confirm compliance with this Agreement.

VI. DEFAULT & REMEDIES

6.1 Events of Default. A parent’s material breach includes, without limitation:
 (a) Willful denial of ordered parenting time;
 (b) Failure to provide required Relocation notice;
 (c) Non-compliance with substance-use restrictions; or
 (d) Any act or omission placing the Children at imminent risk.

6.2 Cure Period. Unless the breach poses immediate danger, the non-defaulting parent shall give written notice and a 7-day opportunity to cure prior to seeking enforcement.

6.3 Remedies. Upon uncured default, the non-defaulting parent may:
 (a) Seek enforcement, compensatory parenting time, or contempt sanctions from the Court;
 (b) Recover reasonable attorney’s fees and costs incurred; and
 (c) Request temporary or permanent modification of custody if in the Children’s best interests.

VII. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each parent (“Indemnifying Party”) shall indemnify, defend, and hold the other parent harmless from and against any claims, losses, or liabilities arising out of the Indemnifying Party’s willful misconduct, gross negligence, or violation of this Agreement that results in harm or credible risk of harm to the Children.

7.2 Insurance. Each parent shall maintain, at his/her sole expense:
 (a) Health insurance covering the Children as available through employment or state programs; and
 (b) Automobile liability insurance meeting or exceeding South Dakota statutory minimums while transporting the Children.

7.3 Force Majeure. A parent’s temporary inability to comply due to events beyond reasonable control (e.g., medical emergency, natural disaster) is excused only to the extent performance is rendered impossible, provided notice is given promptly and reasonable alternative arrangements are proposed.

[// GUIDANCE: Because “Liability Caps” are inapplicable, no limitation-of-liability clause is included.]

VIII. DISPUTE RESOLUTION

8.1 Good-Faith Negotiation. The Parties shall first confer in good faith to resolve any disagreement.

8.2 Mediation. If unresolved after 10 calendar days, either Party may compel mediation with a mediator certified under SDCL ch. 25-4-56 or mutually agreed. Mediation shall occur within 30 days unless otherwise stipulated.

8.3 Limited Arbitration. With written consent, the Parties may submit discrete, non-custody-determining issues (e.g., holiday logistics, extracurricular cost allocation) to binding arbitration pursuant to SD Uniform Arbitration Act. Arbitration awards shall be enforceable as a contract but shall not modify Legal Custody or Physical Placement without Court approval.

8.4 Court Jurisdiction. Notwithstanding the foregoing, the Court retains exclusive jurisdiction over custody determinations, modifications, and enforcement. Nothing herein waives either Party’s right to seek temporary or permanent injunctive relief, emergency orders, or other remedies from the Court to protect the Children’s best interests.

8.5 No Jury Trial. The Parties acknowledge that family-law proceedings in South Dakota are tried to the Court without a jury.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification is valid unless in a written instrument signed by both Parties and approved by the Court. Waiver of any breach is not waiver of subsequent breaches.

9.2 Assignment & Delegation. Neither Party may assign custodial rights or delegate parenting responsibilities except as expressly allowed herein or by Court order.

9.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Court may reform the invalid provision to fulfill the Parties’ original intent consistent with law.

9.5 Integration/Merger. This Agreement constitutes the entire understanding between the Parties concerning custody and parenting matters and supersedes all prior agreements, whether oral or written.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically (e.g., via PDF or e-signature platform) shall be deemed originals for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Child Custody and Parenting Plan Agreement as of the Effective Date.

[Optional Notary Acknowledgments, if required by local practice]

Exhibit A

Regular Parenting Schedule
[Insert detailed weekly/bi-weekly calendar showing exchanges, including start/end times.]

Exhibit B

Holiday & Vacation Schedule
1. Christmas – Even-numbered years: Parent A (Dec 24 @ noon – Dec 26 @ noon); Odd-numbered years: Parent B.
2. Thanksgiving – Even years: Parent B; Odd years: Parent A (Wed @ noon – Sun @ 6 p.m.).
3. [Add additional holidays, school breaks, and summer allocation.]

[// GUIDANCE: Attach additional exhibits for child-support provisions or special needs plans as appropriate. Ensure consistency with any separate child-support order filed with the Court.]