South Dakota Sole Custody Agreement

SOLE CUSTODY AGREEMENT

State of South Dakota — Circuit Court

Case No.: [________________________________]
Judicial Circuit: [____] Judicial Circuit
(Confirm the county and judicial circuit with the South Dakota Unified Judicial System Court Finder: https://ujs.sd.gov/court-finder/.)

COURT CAPTION

STATE OF SOUTH DAKOTA

COUNTY OF [________________________________]

IN CIRCUIT COURT, [____] JUDICIAL CIRCUIT

[________________________________], Petitioner,

v.

[________________________________], Respondent.

STIPULATED SOLE CUSTODY AGREEMENT

The undersigned Parents submit this Agreement to the Circuit Court for approval and incorporation into a custody order. The Parents agree that sole legal and/or physical custody as described below serves the best interests of the minor child(ren) under SDCL § 25-4-45.

ARTICLE I — PARTIES AND CHILDREN

1.1 Custodial Parent:

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

1.2 Non-Custodial Parent:

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

1.3 Distance Between Parents' Residences: [________________________________] miles
(The SD Parenting Guidelines (UJS Form 302) 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
☐ Modification of existing order
☐ Other: [________________________________]

ARTICLE II — BASIS FOR SOLE CUSTODY

2.1 Best Interest Determination

The Parents agree that sole custody with the Custodial Parent serves the child(ren)'s best interests. Under SDCL § 25-4-45, the court considers the child(ren)'s temporal, mental, and moral welfare. Circumstances relevant to that assessment include:

• Each parent's mental and physical health
• Each parent's capacity to provide for the child(ren)'s physical and emotional needs
• Each parent's willingness to provide frequent and meaningful contact with the other parent
• Each parent's ability to serve as a role model for responsible adulthood
• The child(ren)'s relationship with each parent
• The child(ren)'s adjustment to home, school, and community
• The child(ren)'s preference, if a child is of sufficient age to form an intelligent preference (SDCL § 25-4-45)

2.2 Reason(s) for Sole Custody (select all that apply):

☐ Parents mutually agree that sole custody is appropriate given the circumstances
☐ Geographic distance between parents makes joint physical custody impracticable
☐ One parent's work schedule or travel requirements
☐ Qualifying conviction or history of domestic abuse (SDCL § 25-4-45.5; joint physical custody also implicates § 25-4A-22)
☐ Substance abuse issues requiring supervised contact
☐ Non-custodial parent's voluntary agreement to sole custody
☐ Mental health concerns of non-custodial parent
☐ History of parental alienation or interference with parent-child relationship
☐ Non-custodial parent's incarceration
☐ Other: [________________________________]

2.3 Domestic Abuse Considerations (SDCL §§ 25-4-45.5 and 25-4A-22)

☐ No history of domestic violence or domestic abuse is alleged.
☐ A qualifying conviction or history of domestic abuse has been established. Under SDCL § 25-4-45.5, that creates a rebuttable presumption against awarding custody to the abusive parent. A court finding of a history of domestic abuse or qualifying assault conviction separately triggers § 25-4A-22's presumption against joint physical custody. This arrangement addresses the applicable presumption(s) as follows: [________________________________]

Details (if applicable): [________________________________]

ARTICLE III — SOLE CUSTODY PROVISIONS

3.1 Sole Legal Custody

☐ The Custodial Parent shall have sole legal custody with exclusive authority to make all major decisions regarding the child(ren)'s health, education, and welfare, including:

• Education: school enrollment, transfers, special education, tutoring, IEP decisions
• Medical care: selection of providers, authorization of treatment, medications, procedures
• Mental health: counseling, therapy, psychiatric treatment
• Religious instruction and participation
• Extracurricular activities
• Domestic and international travel
• Legal matters affecting the child(ren)

The Custodial Parent ☐ shall ☐ is not required to consult the Non-Custodial Parent before making major decisions. If consultation is required, the Non-Custodial Parent shall be notified in writing and given [____] business days to respond before the decision is finalized.

☐ Alternative: Joint legal custody with sole physical custody. Both Parents share legal decision-making per SDCL § 25-5-7.1, but the child(ren) reside primarily with the Custodial Parent. (If selected, see the Joint Custody Agreement template for decision-making provisions.)

3.2 Sole Physical Custody

The child(ren) shall reside primarily with the Custodial Parent at: [________________________________]

The Custodial Parent has authority over the child(ren)'s day-to-day activities, routines, discipline, and care. The child(ren) shall be enrolled in: [________________________________] School District.

ARTICLE IV — NON-CUSTODIAL PARENT PARENTING TIME

4.1 Parenting Time Schedule

The Non-Custodial Parent shall have parenting time with the child(ren) as follows. Minimum parenting time standards are governed by the South Dakota Parenting Guidelines (UJS Form 302, SDCL § 25-4A-10).

Select one:

☐ Option A: Standard SD Parenting Guidelines (Parents Within 200 Miles)

Per UJS Form 302 for children age 5 and older:

• Alternating weekends: Friday immediately after school through Monday morning school drop-off
• Mid-week overnight, if time and distance allow: Wednesday after school through Thursday morning school drop-off, unless the parents agree otherwise
• Summer: Each parent has one-half of the school summer break. The parent with whom the children primarily reside during the school year has priority for the week before school resumes; the other parent may take summer time consecutively or in blocks with at least 30 days' advance notice of selected dates. For summer periods of at least three consecutive weeks, arrange a mutually convenient continuous 48-hour period for the other parent.
• Vacation: Up to 14 days per year (max 7 consecutive); give 30 days' advance notice when possible

☐ Option B: Standard SD Parenting Guidelines (Parents More Than 200 Miles Apart)

Per UJS Form 302 for long-distance parents:

• Summer: Non-custodial parent receives all but 10 days of school vacation
• Holiday schedule: Per the long-distance chart in UJS Form 302
• Custodial parent's summer access: One 48-hour period every three weeks (at custodial parent's expense)

☐ Option C: Modified Standard Schedule

• Weekends: [________________________________]
• Weekdays: [________________________________]
• Summer: [________________________________]
• Other: [________________________________]

☐ Option D: Supervised Parenting Time

Due to: ☐ domestic violence ☐ substance abuse ☐ mental health concerns ☐ incarceration transition ☐ other: [________________________________]

• Frequency: [________________________________]
• Duration: [________________________________]
• Location: ☐ Approved supervised visitation center ☐ In the presence of: [________________________________]
• Supervisor: [________________________________]
• Conditions for step-down to unsupervised: [________________________________]
• Review period: Every [____] months

☐ Option E: Therapeutic Parenting Time

• Conducted under the guidance of: [________________________________] (licensed therapist/counselor)
• Frequency: [________________________________]
• Transition plan: [________________________________]

☐ Option F: No Parenting Time
Due to: [________________________________]
The Non-Custodial Parent shall have no parenting time at this time. This provision shall be reviewed by the Court upon motion by either parent.

4.2 Holiday Schedule

Holiday parenting time takes precedence over the regular schedule per SD Parenting Guidelines.

☐ Per SD Parenting Guidelines (UJS Form 302) — alternating holidays
☐ Custom holiday schedule:

ARTICLE V — EXCHANGES AND TRANSPORTATION

5.1 Exchange Location:
☐ Custodial Parent's residence
☐ School
☐ Neutral public location: [________________________________]
☐ Supervised visitation center (if applicable)
☐ Other: [________________________________]

5.2 Transportation:
☐ Non-Custodial Parent responsible for pick-up and return
☐ Custodial Parent responsible for transportation
☐ Shared: Non-Custodial Parent picks up; Custodial Parent picks up for return
☐ Other: [________________________________]

5.3 Travel Costs (for long-distance):
☐ Non-Custodial Parent bears all travel costs
☐ Shared equally
☐ Shared proportionally to income
☐ Other: [________________________________]

ARTICLE VI — COMMUNICATION

6.1 Parent-Child Communication
The Custodial Parent shall facilitate regular communication between the Non-Custodial Parent and the child(ren). Per SD Parenting Guidelines, the Non-Custodial Parent is entitled to at least three phone or video calls per week at reasonable times.

• Preferred method: ☐ Phone ☐ Video call ☐ Both
• Scheduled times: [________________________________]
• Neither parent shall monitor, record, or interfere with parent-child communications.

6.2 Cell Phone Policy
Per SD Parenting Guidelines, a parent may set reasonable cell phone restrictions while the child(ren) are in their household but may not confiscate a device solely to block communication with the other parent.

6.3 Parent-to-Parent Communication
Parents shall communicate regarding the child(ren) through:
☐ Phone ☐ Email ☐ Text ☐ Co-parenting app ([________________________________])

Communications shall be respectful and child-focused.

6.4 Emergency Notification
The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of any emergency, serious illness, injury, hospitalization, or law enforcement contact involving the child(ren).

ARTICLE VII — INFORMATION ACCESS

7.1 The Non-Custodial Parent shall have the right to access the child(ren)'s records directly from the source, including:

• School records, report cards, and progress reports
• Medical, dental, and mental health records
• Extracurricular activity schedules
• Daycare and childcare information

7.2 Both Parents shall be listed as emergency contacts with schools and healthcare providers.

7.3 The Custodial Parent shall provide the Non-Custodial Parent with copies of report cards and significant medical information within [____] days of receipt.

7.4 Per SD Parenting Guidelines, both parents shall receive usernames and passwords for all minor child(ren)'s social media accounts.

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

8.1 Notice when the existing order or agreement does not govern relocation
If no existing custody order or enforceable agreement expressly governs relocation of the child's principal residence, the Custodial Parent shall give reasonable written notice to the other legal parent by certified mail or admission of service. Under SDCL § 25-4A-17, reasonable notice is at least 45 days before relocation or a shorter period reasonable under the specific facts. File proof with the court of record unless notice is waived by the court. Screen the section's exceptions before using this provision.

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

8.2 Hearing request
The Non-Custodial Parent may request a hearing within 30 days of notice under SDCL § 25-4A-19. If no timely hearing is requested, consent is presumed. If an objection is filed and the relocation would substantially alter existing parenting time, the court considers traditional best-interest factors.

8.3 Non-Custodial Parent Relocation
The Non-Custodial Parent shall provide notice of any change of address, telephone number, or mailing address within 10 days per the SD Parenting Guidelines.

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

Each Parent must complete a court-approved parenting education course within 60 days after service of the summons and complaint, petition, or motion. No final custody order may be entered until both parties have complied, unless the judge waives or delays participation for good cause or the course is otherwise not required.

Waiver available for good cause, including completion within the past five years or default by one party.

ARTICLE X — TRIBAL JURISDICTION / ICWA

☐ No existing tribal-court order or pending tribal-court proceeding concerning the child(ren) is known.
☐ The following tribal-court order, proceeding, or potential jurisdictional issue must be reviewed: [________________________________].
☐ Exclusive tribal jurisdiction applies.
☐ Concurrent state/tribal jurisdiction — tribe notified.

Under 25 U.S.C. § 1903(1), ICWA's definition of a “child custody proceeding” excludes an award, in a divorce proceeding, of custody to one of the parents. Tribal jurisdiction and ICWA questions outside that exclusion require individualized legal review.

ARTICLE XI — CHILD'S PREFERENCE (SDCL § 25-4-45)

☐ The child(ren) are too young for their preferences to be meaningfully considered.
☐ The child(ren)'s wishes have been considered as one factor in this arrangement.
☐ A guardian ad litem has been appointed: [________________________________]
☐ The child(ren)'s preference: [________________________________]

Under SDCL § 25-4-45, the court may consider a child's preference if the child is of sufficient age to form an intelligent preference. The court still decides custody based on the child's best interests.

ARTICLE XII — FINANCIAL PROVISIONS

12.1 Child Support
☐ Addressed in a separate order
☐ Non-Custodial Parent shall pay $[________________________________] per month, commencing [__/__/____]
☐ Child support calculated per South Dakota guidelines worksheet

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

12.3 Unreimbursed Medical Expenses
Divided: Custodial Parent [____]% / Non-Custodial Parent [____]%

12.4 Extracurricular and Education Expenses
☐ Custodial Parent's sole discretion and responsibility
☐ Shared proportionally to income
☐ Other: [________________________________]

ARTICLE XIII — COVENANTS AND RESTRICTIONS

13.1 Non-Disparagement. Neither Parent shall make negative or disparaging remarks about the other Parent in the child(ren)'s presence or hearing.

13.2 Non-Interference. The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the child(ren)'s primary residence.

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

13.4 Firearms Safety. All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

13.5 Timely Return. The Non-Custodial Parent shall return the child(ren) at the scheduled time. Failure to return without reasonable notice constitutes a material breach.

13.6 No Parental Alienation. Neither Parent shall engage in conduct intended to alienate the child(ren) from the other Parent.

13.7 Parenting Time Compliance. Per SD Parenting Guidelines, neither parent may unilaterally deny scheduled parenting time based on a child's refusal to participate.

ARTICLE XIV — DISPUTE RESOLUTION

14.1 Good-Faith Discussion. Parents shall first attempt to resolve disputes directly.

14.2 Mediation. If discussion fails, Parents will request mediation under SDCL § 25-4-56 before seeking court intervention when mediation is appropriate. The court shall not order mediation in the domestic-abuse or assault circumstances listed in that section, or when mediation is unavailable or inappropriate; either Parent may seek urgent court relief when needed for child safety.

14.3 Court Intervention. Either Parent may file a motion with the Circuit Court, [____] Judicial Circuit.

14.4 Contempt Enforcement. Violations are enforceable through contempt under 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 XV — MODIFICATION

This Agreement may be modified by mutual written consent with court approval, or upon petition demonstrating a substantial change in circumstances and that modification serves the child(ren)'s best interests under SDCL § 25-4-45 and McCarty v. McCarty, 2015 SD 59, 867 N.W.2d 355. The substantial-change requirement applies even when the prior order was stipulated.

ARTICLE XVI — EXECUTION

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

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

Non-Custodial Parent:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

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

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

______________________________________
[Custodial Parent]

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 Agreement, understand its terms, enter it voluntarily, and believe it serves the best interests of the child(ren).

______________________________________
[Non-Custodial Parent]

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 Sole Custody Agreement, hereby finds:

1. Both parties have entered this Agreement voluntarily;
2. The sole custody arrangement is in the best interests of the minor child(ren) under SDCL § 25-4-45;
3. The parenting time provisions comply with SDCL § 25-4A-10 and the South Dakota Parenting Guidelines;
4. Both parties have completed the mandatory parenting education course (SDCL § 25-4A-32), or a waiver has been granted;
5. ICWA requirements have been satisfied, if applicable;
6. The applicable domestic-abuse presumptions under SDCL §§ 25-4-45.5 and 25-4A-22 have been addressed;

IT IS HEREBY ORDERED that this Sole 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 and decision-making allocation
• SDCL § 25-4A-9 through 25-4A-16 — Standard parenting guidelines and noncustodial parenting time
• SDCL § 25-4A-10 — Minimum parenting time standards
• SDCL § 25-4-45.5 — Rebuttable presumption against custody award to abusive parent
• SDCL § 25-4A-22 — Rebuttable presumption against joint physical custody after specified finding
• SDCL § 25-4A-32 — Mandatory parenting education course
• SDCL § 25-4A-17 through 25-4A-19 — Relocation notice, contents, and hearing
• SDCL § 25-4A-1 through 25-4A-5 — Contempt enforcement and sanctions
• SDCL § 25-4-45 — Child custody modification
• SDCL § 25-4-56 — Custody and visitation mediation, with statutory exceptions
• 25 U.S.C. § 1903(1) — ICWA definition of “child custody proceeding” and divorce-custody exclusion
• McCarty v. McCarty, 2015 SD 59, 867 N.W.2d 355 — Substantial-change requirement, including stipulated orders
• Fortin v. Fortin, 500 N.W.2d 229 (S.D. 1993) — Custodial parent relocation presumption
• UJS Form 302 — South Dakota Parenting Time Guidelines (use the current revision)
• South Dakota Unified Judicial System: https://ujs.sd.gov