VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT

(South Dakota)

[// GUIDANCE: Replace each bracketed term with party- and matter-specific information. Remove all guidance comments before final execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Acknowledgment of Paternity
   3.2 Genetic Testing
   3.3 Birth Certificate & Vital Records Filing
   3.4 Support Obligations
   3.5 Parenting Time & Decision-Making
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Schedules
    • Schedule 1 – Child Support Guidelines Worksheet
    • Schedule 2 – Parenting Time Schedule
    • Schedule 3 – Contact Information Sheet

1. DOCUMENT HEADER

This Voluntary Paternity Acknowledgment and Parenting Agreement (this “Agreement”) is entered into and effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. [MOTHER LEGAL NAME], an individual residing at [ADDRESS] (“Mother”); and
b. [FATHER LEGAL NAME], an individual residing at [ADDRESS] (“Father”).

Mother and Father are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

RECITALS
A. The Parties are the biological parents of the minor child, [CHILD FULL LEGAL NAME], born on [DOB] in [COUNTY], South Dakota (the “Child”).
B. The Parties desire voluntarily and irrevocably (subject to the statutory rescission period) to establish Father’s paternity of the Child, to provide for the Child’s financial support, and to set forth their respective rights and obligations concerning the Child’s care and upbringing, all in accordance with applicable South Dakota paternity and child support laws (the “Governing Law”).
C. In consideration of the mutual promises herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows.

2. DEFINITIONS

Capitalized terms have the meanings set forth below and shall apply equally to singular and plural forms:

“Acknowledgment” means the South Dakota voluntary acknowledgment of paternity form prescribed by the Department of Health, Office of Vital Records, executed by both Parties pursuant to Governing Law.

“Child Support Guidelines” means the child support guidelines promulgated under South Dakota law as amended from time to time.

“Department” means the South Dakota Department of Social Services, Division of Child Support Enforcement, or any successor agency.

“Effective Date” has the meaning assigned in Section 1.

“Family Court” means the Circuit Court of the State of South Dakota, [JUDICIAL CIRCUIT] Circuit, Family Law Division, or any other court of competent jurisdiction handling matters arising under this Agreement.

“Genetic Testing” means legally-admissible DNA testing performed by a laboratory approved by the Department for the purpose of confirming paternity.

“Parenting Plan” means the schedule and allocation of parenting time, decision-making authority, and related matters set forth in Schedule 2, as the same may be modified by written agreement or court order.

“Support” means periodic payments, medical support, childcare cost contributions, and any other financial obligations imposed on either Party for the benefit of the Child pursuant to Section 3.4.

3. OPERATIVE PROVISIONS

3.1 Acknowledgment of Paternity

3.1.1 Execution. Contemporaneously with the execution of this Agreement, the Parties shall complete, sign, and have notarized the Acknowledgment in the form required by the Department.
3.1.2 Filing. Father shall deliver the executed Acknowledgment to the Office of Vital Records for filing within five (5) business days after the Effective Date.
3.1.3 Legal Effect. Upon filing, the Acknowledgment shall establish Father as the legal father of the Child with the same force and effect as a judicial determination of paternity, subject only to the statutory rescission and challenge rights described in Section 3.1.4.
3.1.4 Rescission and Challenge.
a. Either Party may rescind the Acknowledgment within sixty (60) days after the date of the last signature on the Acknowledgment, or prior to the first court proceeding relating to the Child in which that Party is a party, whichever occurs first.
b. After the rescission period, the Acknowledgment may be challenged only on the basis of fraud, duress, or material mistake of fact and only within the time limits set forth under Governing Law.
c. The challenger bears the burden of proof, and the legal responsibilities (including Support) shall continue during the pendency of any challenge unless the Family Court orders otherwise.

3.2 Genetic Testing

3.2.1 Right to Testing. Either Party may, prior to executing the Acknowledgment, request Genetic Testing at his or her own expense or as otherwise arranged through the Department.
3.2.2 Waiver. By executing the Acknowledgment without first obtaining Genetic Testing, the requesting Party knowingly waives the right to demand such testing except as permitted under Section 3.1.4.
[// GUIDANCE: If the Parties have already received conclusive DNA results, attach them as an exhibit and reference here.]

3.3 Birth Certificate & Vital Records Filing

The Parties authorize the State Registrar to issue a new birth certificate for the Child reflecting Father’s legal parentage, consistent with Section 3.1.2.

3.4 Support Obligations

3.4.1 Initial Calculation. Support shall be calculated in accordance with the Child Support Guidelines using the income information provided in Schedule 1.
3.4.2 Payment Terms.
a. Commencing on [START DATE], Father shall pay Mother Support in the amount of $[AMOUNT] per [FREQUENCY].
b. Payments shall be made via income withholding through the Department unless the Parties mutually elect an alternative method in writing approved by the Department.
3.4.3 Health Insurance. Father shall maintain [single / family] health insurance coverage for the Child if available through Father’s employer at a reasonable cost as defined by the Child Support Guidelines.
3.4.4 Childcare & Extraordinary Expenses. The Parties shall split work-related childcare costs, uninsured medical expenses, and mutually agreed extracurricular costs in proportion to their respective net incomes as reflected in Schedule 1.
3.4.5 Modification. Support may be reviewed and adjusted upon a material change in circumstances or in conformity with the review periods mandated by Governing Law.

3.5 Parenting Time & Decision-Making

3.5.1 Parenting Plan. The Parties agree to and shall abide by the Parenting Plan attached hereto as Schedule 2.
3.5.2 Best Interests Standard. All parenting time and decision-making shall be exercised in the Child’s best interests and in good faith.
3.5.3 Relocation. A Party intending to relocate with the Child more than [MILES] miles from the Child’s current primary residence shall provide at least [NUMBER] days’ advance written notice to the other Party and comply with Governing Law regarding relocation.
3.5.4 Dispute Resolution for Parenting Issues. The Parties shall attempt to resolve parenting disputes through mediation before seeking judicial intervention, unless an emergency materially affecting the Child’s welfare exists.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party represents that he or she is at least eighteen (18) years of age, of sound mind, and under no impairment or disability that would affect his or her ability to enter into this Agreement.
4.2 Voluntariness. Each Party represents that this Agreement and the Acknowledgment are executed voluntarily, without coercion, duress, or undue influence.
4.3 Accuracy of Information. Each Party warrants that all information provided for the Support calculation and in the Acknowledgment is true, correct, and complete to the best of such Party’s knowledge.
4.4 Survival. The representations and warranties in this Section 4 shall survive the execution of this Agreement and the filing of the Acknowledgment.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation with Agencies. The Parties shall cooperate with the Department and any court having jurisdiction to ensure accurate recordkeeping and enforcement of Support.
5.2 Notice of Changes. Each Party shall notify the other and the Department in writing within ten (10) days of any change in address, telephone number, employment, or income.
5.3 Non-Interference. Neither Party shall interfere with the Child’s relationship with the other Party or speak disparagingly of the other Party in the Child’s presence.
5.4 Confidentiality. The Parties agree to maintain the confidentiality of this Agreement except as required for enforcement or as ordered by a court of competent jurisdiction.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute an “Event of Default”:
a. Father’s failure to make any Support payment when due;
b. Either Party’s material breach of the Parenting Plan;
c. A Party’s failure to comply with a court order relating to the Child.

6.2 Notice and Cure. The non-defaulting Party shall provide written notice of any Event of Default, granting a ten (10) day cure period where practicable, except as to Support arrearages, which are subject to immediate enforcement under Governing Law.

6.3 Remedies. Upon an uncured Event of Default, the non-defaulting Party may:
a. Petition the Family Court for enforcement, contempt, modification, or other relief;
b. Request income withholding, tax intercept, license suspension, or other administrative remedies available under Governing Law;
c. Seek recovery of reasonable attorney’s fees and costs incurred in enforcing this Agreement.

7. RISK ALLOCATION

7.1 Indemnification. No indemnification obligations exist between the Parties except as expressly provided by Governing Law.

7.2 Liability Cap. The Parties’ monetary liability to one another is limited to their respective court-ordered child support, medical support, and cost-sharing obligations.

7.3 Force Majeure. A Party’s non-performance (other than Support) shall be excused to the extent caused by events beyond such Party’s reasonable control, provided written notice is given within five (5) days after the occurrence and performance resumes promptly thereafter.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the substantive and procedural laws of the State of South Dakota, without regard to conflict-of-laws principles.

8.2 Exclusive Forum. The Parties submit to the exclusive jurisdiction of the Family Court for all matters arising out of or relating to this Agreement, the Acknowledgment, the Child’s custody, or Support.

8.3 Arbitration. Arbitration is NOT available for paternity, custody, or child support disputes under South Dakota law; any attempt to compel arbitration shall be void.

8.4 Jury Waiver. Jury trial is not available in Family Court proceedings; accordingly, no jury waiver is required.

8.5 Injunctive Relief. Nothing in this Agreement limits a Party’s right to seek interim, emergency, or injunctive relief from the Family Court to protect the Child’s welfare or enforce Support.

9. GENERAL PROVISIONS

9.1 Amendments; Waivers. This Agreement may be amended only by a writing signed by both Parties and, where required, approved by the Family Court. No waiver shall be effective unless in writing and signed by the waiving Party.

9.2 Assignment. The rights and obligations hereunder are personal to the Parties and shall not be assigned or delegated without prior written consent of the other Party and the Family Court, except that Support rights may be assigned to the Department as required by law.

9.3 Successors. This Agreement binds and inures to the benefit of the Parties and their respective 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 effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve its original intent.

9.5 Integration. This Agreement, together with the Acknowledgment and the Schedules hereto, constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior or contemporaneous oral or written agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by facsimile, PDF, or compliant e-signature technology shall be deemed original signatures.

9.7 Construction. Headings are for convenience only and do not affect interpretation. The Parties have jointly participated in drafting; therefore, no presumption against either Party shall arise in the interpretation of this Agreement.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Mother:

[PRINT NAME]

Date: ________

Father:

[PRINT NAME]

Date: ________

STATE OF SOUTH DAKOTA )
) SS.
COUNTY OF __ )

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER NAME] and [FATHER NAME], known to me or satisfactorily proven to be the persons whose names are subscribed above, and acknowledged that they executed the same for the purposes therein contained.

Notary Public, South Dakota
My Commission Expires: _______

[// GUIDANCE: Some South Dakota counties require TWO witnesses in addition to notarization for the statutory Acknowledgment form. Verify local practice.]

11. SCHEDULES

Schedule 1 – Child Support Guidelines Worksheet

[// GUIDANCE: Attach the completed South Dakota child support calculation worksheet, including each Party’s monthly gross and net income, allowable deductions, and guideline support amount.]

Schedule 2 – Parenting Time Schedule

[// GUIDANCE: Provide a detailed calendar of regular, holiday, and vacation parenting times, transportation responsibilities, telephone and electronic contact provisions, and any right-of-first-refusal terms.]

Schedule 3 – Contact Information Sheet

Mother
• Address: _____
• Phone: ____
• Email: ______

Father
• Address: _____
• Phone: ____
• Email: ______

[END OF AGREEMENT]