South Dakota Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of South Dakota — Circuit Court

Case No.: [________________________________]
Judicial Circuit: [____] Judicial Circuit
(First — Pierre; Second — Sioux Falls (Minnehaha & Lincoln); Third — Brookings; Fourth — Watertown; Fifth — Aberdeen (Brown County); Sixth — Mitchell; Seventh — Rapid City (Pennington County))

COURT CAPTION

STATE OF SOUTH DAKOTA

COUNTY OF [________________________________]

IN CIRCUIT COURT, [____] JUDICIAL CIRCUIT

[________________________________], Petitioner,

v.

[________________________________], Respondent.

STIPULATED JOINT CUSTODY AGREEMENT

The undersigned Parents, desiring to establish a joint custody arrangement in the best interests of their minor child(ren), submit this Agreement to the Circuit Court for approval and incorporation into a custody order pursuant to SDCL § 25-5-7.1 and SDCL Chapter 25-4A.

ARTICLE I — PARTIES AND CHILDREN

1.1 Parent A:

• Full Legal Name: [________________________________]
• Residential Address: [________________________________]
• County: [________________________________] County, South Dakota
• Phone: [________________________________]
• Email: [________________________________]

1.2 Parent B:

• Full Legal Name: [________________________________]
• Residential Address: [________________________________]
• County: [________________________________] County, South Dakota
• Phone: [________________________________]
• Email: [________________________________]

1.3 Distance Between Residences: [________________________________] miles
(South Dakota Parenting Guidelines apply different schedules for parents within vs. beyond 200 miles.)

1.4 Minor Child(ren):

1.5 This Agreement is filed in connection with:
☐ Divorce proceeding
☐ Paternity action
☐ Custody action (unmarried parents)
☐ Modification of existing order
☐ Other: [________________________________]

ARTICLE II — JOINT LEGAL CUSTODY (SDCL § 25-5-7.1)

2.1 Grant of Joint Legal Custody

The Parents shall have joint legal custody of the child(ren). Both Parents retain full parental rights and responsibilities and must confer on major decisions affecting the child(ren)'s welfare, pursuant to SDCL § 25-5-7.1.

2.2 Allocation of Decision-Making Areas

Under SDCL § 25-5-7.1, the court may grant ultimate responsibility over specific aspects of the child(ren)'s welfare to one parent, or divide those aspects, based on the child(ren)'s best interests. The Parents agree:

2.3 Decision-Making Process

(a) The parent proposing a major decision shall provide the other parent with written notice (by email, text, or co-parenting application) describing the proposed decision and relevant information.

(b) The other parent shall respond within [____] business days. Failure to respond within this period shall constitute ☐ consent ☐ the need for mediation.

(c) If the Parents cannot reach agreement after good-faith discussion, the dispute shall be submitted to mediation per SDCL § 25-4A-23 before either parent seeks court intervention.

(d) Routine Day-to-Day Decisions: The parent currently exercising parenting time shall make routine decisions regarding meals, bedtime, homework, discipline, and daily activities without need to consult the other parent.

(e) Emergency Decisions: The parent with physical custody at the time of an emergency may authorize emergency medical treatment and shall notify the other parent as soon as practicable.

ARTICLE III — JOINT PHYSICAL CUSTODY

3.1 Legal Framework

South Dakota does not presume joint physical custody (SDCL § 25-4A-26). When one parent requests contested joint physical custody, the court must evaluate factors under SDCL § 25-4A-24 before ordering it. This Agreement reflects the Parents' mutual agreement to joint physical custody.

3.2 Court Findings Required (SDCL § 25-4A-21 and 25-4A-24)

The Parents acknowledge the court must make findings regarding the following factors under SDCL § 25-4A-24 in approving this joint physical custody arrangement:

☐ Each parent is a suitable physical custodian
☐ Each parent has an appropriate dwelling to support physical custody
☐ The child(ren)'s psychological and emotional needs require active contact with both parents
☐ Neither parent has denied, without just cause, the child(ren) the opportunity for continuing contact with the other parent
☐ The parents demonstrate mutual respect and effective communication regarding the child(ren)'s needs
☐ Each parent can support the other's relationship with the child(ren)
☐ The joint custody arrangement accords with the child(ren)'s wishes (age-appropriate consideration per SDCL § 25-5-7.1(4))
☐ Neither parent has intentionally alienated or interfered with the other parent's relationship with the child(ren)
☐ The safety of the child(ren) and both parents will not be jeopardized
☐ Each parent is physically and mentally capable of providing for the child(ren)'s temporal, mental, and moral wellness
☐ Each parent has the capacity and disposition to provide protection, food, clothing, medical care, and other basic needs
☐ Neither parent allows a registered sex offender unsupervised access to the child(ren)
☐ Neither parent has falsely alleged abuse against the other

3.3 Shared Parenting Plan (SDCL § 25-4A-25)

☐ This Agreement constitutes a Shared Parenting Plan under SDCL § 25-4A-25, providing that the child(ren) shall reside no fewer than 180 nights per calendar year in each parent's home, and that the Parents share the duties, responsibilities, and expenses of parenting in proportion to their incomes. This Plan must be incorporated into the custody order.

☐ This is a joint physical custody arrangement that does not meet the 180-night threshold for a Shared Parenting Plan under SDCL § 25-4A-25.

3.4 Parenting Time Schedule

(Select one or customize based on the child(ren)'s ages and the SD Parenting Guidelines, UJS Form 302)

☐ Alternating Weeks (Week On/Week Off):
Parent A: Sunday 6:00 PM through the following Sunday 6:00 PM (Week 1)
Parent B: Sunday 6:00 PM through the following Sunday 6:00 PM (Week 2)
Alternating continuously.

☐ 2-2-3 Rotation:
Monday–Tuesday: Parent [____]
Wednesday–Thursday: Parent [____]
Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ 5-2-2-5 Rotation:
Monday–Tuesday: Parent [____] (every week)
Wednesday–Thursday: Parent [____] (every week)
Friday through Monday: Alternating

☐ SD Parenting Guidelines Standard Schedule (UJS Form 302):
Non-residential parent parenting time: Alternating weekends Friday after school to Monday morning, plus Wednesday overnight (after school to Thursday morning).

☐ Custom Schedule:
Parent A's Time: [________________________________]
Parent B's Time: [________________________________]

3.5 Summer Schedule

☐ Per SD Parenting Guidelines: Non-residential parent has child(ren) from 3 days after school release until 7 days before school begins. Residential parent entitled to 48-hour period every three weeks during summer.

☐ Equal split: Each parent has approximately equal summer time, alternating in [____]-week blocks.

☐ Custom summer schedule: [________________________________]

Each parent is entitled to a vacation period of up to 14 days per year (maximum 7 consecutive days at a time) with 30 days' advance written notice per SD Parenting Guidelines.

3.6 Holiday Schedule

Holidays take precedence over the regular schedule. Parents alternate major holidays annually:

ARTICLE IV — EXCHANGES AND TRANSPORTATION

4.1 Exchange Location:
☐ Receiving parent picks up at the other parent's residence
☐ School (drop-off/pick-up on school days)
☐ Neutral public location: [________________________________]
☐ Other: [________________________________]

4.2 Transportation:
☐ Shared equally — receiving parent picks up
☐ Parent A responsible for all transportation
☐ Parent B responsible for all transportation
☐ Other: [________________________________]

4.3 Exchange Protocols

• Child(ren) shall be ready at the scheduled time with clothing and personal items for the duration of the stay.
• The retrieving parent shall arrive on time; if late beyond [____] minutes without notice, the other parent may make alternative plans.
• Neither parent shall use exchange times to discuss disputes or contentious matters.

ARTICLE V — COMMUNICATION AND INFORMATION

5.1 Parent-to-Parent Communication
Parents shall communicate regarding the child(ren) respectfully and in a child-focused manner through: ☐ Phone ☐ Email ☐ Text ☐ Co-parenting app ([________________________________])

5.2 Parent-Child Communication
Per the SD Parenting Guidelines, each parent is entitled to at least three phone or video calls per week when the child(ren) are in the other parent's care. Neither parent shall monitor, record, or interfere with these communications.

5.3 Information Access
Both Parents shall have full and equal access to school records, medical records, dental records, mental health records, and extracurricular information. Both Parents shall be listed as authorized contacts and emergency contacts at all schools, daycares, and healthcare providers.

5.4 Social Media
Per SD Parenting Guidelines, both Parents shall receive usernames and passwords for all minor child(ren)'s social media accounts, with full access except private parent-child communications.

5.5 Academic Meetings
Per SD Parenting Guidelines, only parents shall attend academic and disciplinary meetings for the child(ren) unless both parents agree otherwise.

ARTICLE VI — RELOCATION (SDCL § 25-4A-17 THROUGH 25-4A-19)

6.1 Either parent intending to relocate the child(ren)'s residence must provide written notice to the other parent at least 45 days before the move per SDCL § 25-4A-17.

6.2 The notice must include: the intended new address, mailing address if different, home telephone number, date of intended move, reason for the relocation, and a proposed revised parenting time schedule per SDCL § 25-4A-18.

6.3 The non-relocating parent may request a hearing within 30 days per SDCL § 25-4A-19. If no hearing is requested, consent is presumed. The court applies the best interest standard, considering the Fortin v. Fortin, 500 N.W.2d 229 (S.D. 1993) framework.

6.4 Given the nature of joint physical custody, any relocation that would make the current schedule impracticable shall require either mutual written agreement on a revised schedule or court approval.

ARTICLE VII — PARENTING EDUCATION (SDCL § 25-4A-32)

Both Parents must complete a court-approved parenting education course within 60 days of filing this action. No final custody order may be entered until both certificates are filed.

ARTICLE VIII — DOMESTIC VIOLENCE AND SAFETY

8.1 ☐ No history of domestic violence or domestic abuse exists.
☐ History of domestic abuse exists. SDCL § 25-4A-22 creates a rebuttable presumption against awarding sole or joint custody to the perpetrator. The presumption has been addressed as follows: [________________________________]

8.2 Firearms Safety
All firearms in either parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

8.3 Substance Use Restriction
Neither Parent shall consume alcohol to impairment or use illegal substances during parenting time or within 12 hours prior to parenting time.

ARTICLE IX — TRIBAL JURISDICTION / ICWA

☐ ICWA does not apply — the child(ren) are not enrolled or eligible for enrollment in a federally recognized Indian tribe.
☐ ICWA applies. Tribe: [________________________________]. Notice provided per SDCL § 26-7A-15.3 and 25 U.S.C. § 1912. Tribal jurisdiction status: [________________________________]

ARTICLE X — FINANCIAL PROVISIONS

10.1 Child Support
☐ Addressed in a separate order/stipulation
☐ Under the Shared Parenting Plan (SDCL § 25-4A-25), expenses are shared in proportion to incomes:

• Parent A's percentage: [____]%
• Parent B's percentage: [____]%
  ☐ Standard child support obligation per SD guidelines: $[________________________________]/month paid by Parent [____]
  ☐ Deviation from guidelines (explanation required): [________________________________]

10.2 Health Insurance
[________________________________] shall maintain health, dental, and vision insurance for the child(ren).

10.3 Unreimbursed Medical Expenses
Divided: Parent A [____]% / Parent B [____]%

10.4 Extracurricular and Educational Expenses
☐ Shared proportionally to income ☐ Shared equally ☐ Paid by enrolling parent ☐ Other: [________________________________]

ARTICLE XI — DISPUTE RESOLUTION

11.1 Good-Faith Discussion. Parents shall first try to resolve disagreements through direct, respectful communication.

11.2 Mediation. If discussion fails, Parents shall participate in mediation per SDCL § 25-4A-23 before filing a motion. Costs shared equally unless otherwise ordered.

11.3 Court Intervention. If mediation is unsuccessful, either parent may file a motion with the Circuit Court, [____] Judicial Circuit.

11.4 Contempt. Violations are enforceable through contempt proceedings per SDCL § 25-4A-1 et seq. Sanctions may include make-up parenting time, attorney's fees, modification of custody, and other relief per SDCL § 25-4A-5.

ARTICLE XII — MODIFICATION

This Agreement may be modified by mutual written consent of both Parents with court approval, or upon petition to the Court demonstrating a substantial change in circumstances under SDCL § 25-5-13 and SDCL § 25-4A-27.

Parents agree to review this Agreement annually and as the child(ren)'s needs evolve.

ARTICLE XIII — GENERAL PROVISIONS

13.1 Governing Law. This Agreement is governed by South Dakota law, SDCL Chapters 25-4A and 25-5.

13.2 Severability. If any provision is unenforceable, the remaining provisions continue in effect.

13.3 Integration. This Agreement constitutes the entire joint custody arrangement between the Parents and supersedes prior agreements regarding custody.

13.4 Non-Disparagement. Neither Parent shall disparage the other in the child(ren)'s presence.

13.5 Counterparts. This Agreement may be executed in counterparts and by electronic signature.

ARTICLE XIV — EXECUTION

We, the undersigned Parents, voluntarily enter this Joint Custody Agreement, believing it to be in the best interests of our child(ren).

Parent A:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF SOUTH DAKOTA )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being duly sworn, state that I have read this Joint Custody Agreement, understand its terms, enter it voluntarily, and believe it serves the best interests of the child(ren).

______________________________________
[Parent A]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public, State of South Dakota
My Commission Expires: [__/__/____]

STATE OF SOUTH DAKOTA )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being duly sworn, state that I have read this Joint Custody Agreement, understand its terms, enter it voluntarily, and believe it serves the best interests of the child(ren).

______________________________________
[Parent B]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public, State of South Dakota
My Commission Expires: [__/__/____]

ORDER OF THE COURT

The Court, having reviewed this Joint Custody Agreement, and having made the findings required by SDCL § 25-4A-21 and SDCL § 25-4A-24, hereby finds:

1. Both Parents are suitable physical custodians with appropriate dwellings;
2. The Parents demonstrate mutual respect and effective communication;
3. Neither parent has engaged in parental alienation;
4. Joint physical custody serves the child(ren)'s psychological and emotional needs;
5. The safety of the child(ren) and Parents will not be jeopardized;
6. Both Parents have completed the mandatory parenting education course (SDCL § 25-4A-32);
7. ICWA requirements have been satisfied, if applicable;
8. This Agreement is in the best interests of the child(ren);

IT IS HEREBY ORDERED that this Joint Custody Agreement is APPROVED and incorporated into the custody order in this matter.

SO ORDERED this [____] day of [________________], 20[____].

______________________________________
Circuit Court Judge
[____] Judicial Circuit
[________________________________] County, South Dakota

SOURCES AND REFERENCES

• SDCL § 25-5-7.1 — Joint legal custody; best interest factors; allocation of decision-making
• SDCL § 25-4A-21 — Joint physical custody consideration and required findings
• SDCL § 25-4A-24 — Factors for consideration on contested joint physical custody request
• SDCL § 25-4A-25 — Shared Parenting Plan (180-night minimum; proportional expense sharing)
• SDCL § 25-4A-26 — No presumption of joint physical custody in South Dakota
• SDCL § 25-4A-32 — Mandatory parenting education course
• SDCL § 25-4A-17 through 25-4A-19 — Relocation notice and hearing provisions
• SDCL § 25-4A-22 — Rebuttable presumption regarding domestic abuse
• SDCL § 25-4A-23 — Mediation, home study, and custody evaluation
• SDCL § 25-4A-1 through 25-4A-8 — Contempt enforcement of custody orders
• SDCL § 25-5-13 — Modification of custody (substantial change in circumstances)
• SDCL § 26-7A-15.3 — ICWA tribal notification
• 25 U.S.C. § 1901 et seq. — Indian Child Welfare Act
• Fortin v. Fortin, 500 N.W.2d 229 (S.D. 1993) — Relocation framework
• UJS Form 302 — South Dakota Parenting Guidelines (Rev. 10/2025)
• South Dakota Unified Judicial System: https://ujs.sd.gov