Major Changes to South Dakota's Parenting Guidelines Effective July 1st, 2026

If you are involved in – or anticipate filing – a divorce, custody dispute, or paternity action in South Dakota, significant changes have been made that may affect your parenting time schedule.

Effective July 1, 2026, South Dakota’s revised Parenting Guidelines introduced important changes regarding parenting time, overnights for young children, breastfeeding, vacation and holiday schedules, long-distance parenting, and the implementation of the Guidelines in custody proceedings. While some revisions clarify existing practices, others represent meaningful changes that South Dakota parents should understand when developing a parenting plan.

Ver Beek Law is here to help you navigate South Dakota's New Parenting Guidelines and what it means for your custody proceeding.

Changes to South Dakota Parenting Guidelines are More than Suggestions: Mandatory Initial Parenting Plans

One of the most significant changes appears at the beginning of the revised 2026 South Dakota Parenting Guidelines. The new language makes clear that when parents are unable to agree on a parenting plan, the Guidelines become a mandatory initial parenting plan and are enforceable as a court order upon commencement of a divorce or other court action involving custody. The Guidelines remain in place until further order of the Court or until the parents otherwise agree.

The revised Guidelines also establish a process for a parent who disagrees with the Guidelines. A parent may file a written objection with the Clerk of Court. Once an objection is filed, a hearing will be scheduled within 30 days. At that hearing, the parents should be prepared to explain each parent’s involvement in the child’s life and provide information relevant to the factors the Court must consider when establishing an interim parenting schedule.

The Guidelines further direct that, when establishing an interim parenting time schedule, the Court will work to maximize the time each parent has with the child, consistent with each parent’s demonstrated participation in the child’s life and the child’s welfare. The Guidelines are intended to provide guidance regarding the minimum parenting time recommended to maintain meaningful contact and the parent-child relationship.

In other words, the Guidelines are not necessarily the ceiling on parenting time. Parents may agree to a schedule that provides more parenting time when it is reasonable and in the best interests of their children.

The Guidelines Place Greater Emphasis on Overnights for Young Children:

Guidelines for Children Under Five

Another significant change in the 2026 Parenting Guidelines involves parenting time for children under five, including breastfeeding children and overnight parenting time. The revised Guidelines recognize that very young children benefit from frequent contact with both parents and specifically acknowledge that overnight parenting time can help establish and maintain meaningful bonds between children and both parents. The Guidelines state that overnights should occur when both parents can provide nurturing and routine within a stable environment, while also recognizing that schedules may need to be adjusted based on the child’s comfort and development.

The revised Guidelines provide several parenting time options for children under age five, including overnight parenting time in multiple age categories. For example, children ages three to six months may have one weekend overnight of up to 24 hours when the parent is capable of personally providing primary care. Similar 24-hour overnight provisions apply to children ages six to twelve months and twelve to thirty-six months. For children ages three to five, the Guidelines provide for one overnight of up to 24 hours or, in appropriate circumstances, two to three overnights per week.

The Guidelines also provide that when both parents have been actively involved in an ongoing caregiving routine, overnight parenting time may continue in order to maintain stability for the child.

This represents a notable shift from the prior Guidelines, which were more restrictive regarding overnight parenting time for very young children.

Breastfeeding Children

The revised Guidelines also provide more detailed direction regarding

breastfeeding and parenting time.

For exclusively breastfed children, the Guidelines recognize that the child can still have frequent parenting time with the other parent. The amount and duration of parenting time should be guided by the child’s feeding schedule and increase as the child grows.

The Guidelines further provide that when both parents have participated in an ongoing caregiving routine with a nursing child, that arrangement should continue as much as possible to maintain stability.

Importantly, if the other parent has previously provided overnight or 24-hour care while the nursing mother sleeps or works, that arrangement shall continue. The Guidelines also specifically state that breastfeeding may not be used to deprive the other parent of parenting time.

The overall approach is to accommodate breastfeeding while also preserving the child’s relationship with both parents.

2026 Guideline Flexibility

The revised Guidelines provide more flexibility in how parenting time may be structured for children under five. Rather than relying on a single schedule for each age group, the Guidelines provide multiple options that take into account the amount of time each parent spent caring for the child before and after separation.

The Guidelines also recognize that children develop at different rates and that schedules may need to be adjusted based on the child’s individual circumstances.

Vacation Scheduling is More Clearly Addressed

The 2026 Guidelines provide more specific direction regarding vacation parenting time for children ages three to five.

Each parent is entitled to two separate periods of uninterrupted parenting time of up to five days each year, provided the parent gives at least 30 days’ advance written notice, and the vacation does not conflict with the other parent’s holiday parenting time. Parents are encouraged to consider extending those periods to seven days when the children are adaptable and accustomed to spending time with both parents.

The Guidelines also establish a priority system if the parents cannot agree: the mother has priority in selecting her vacation periods first in even-numbered years, while the father has priority in odd-numbered years.

For older children, the Guidelines similarly provide detailed provisions regarding summer parenting time, including advance notice requirements and provisions for parents who live more than 200 miles apart.

Holiday Schedules Have Been Updated

The revised Guidelines make several changes to holiday parenting time and provide more consistent language regarding when holiday periods begin and end.

For children ages 5 and older who live less than 200 miles apart, many holidays are now tied to school release and return times rather than relying solely on a generic school dismissal or return time. This provides greater flexibility across different school districts and school calendars.

The revised Guidelines also include Juneteenth as a designated holiday. Juneteenth begins at 8:00 a.m. on June 19 and ends at 8:00 a.m. on June 20. If Juneteenth and Father’s Day fall on the same date, the Guidelines provide that Father’s Day takes precedence.

The holiday provisions also address additional holidays and special occasions, including Christmas Eve, Christmas Day, winter break, children’s birthdays, and each parent’s birthday.

Long-Distance Parenting Time Has Been Expanded and Clarified

The revised Guidelines also contain detailed provisions for parents who live more than 200 miles apart.

The Guidelines recognize that substantial distance can make frequent parenting time difficult and provide a framework for summer parenting time, holidays, transportation, notice, and additional visits. For example, the parent living more than 200 miles away generally receives the children for summer break, while the parent with whom the children reside during the school year receives a 48-hour period of parenting time every three weeks during the summer.

The Guidelines also provide that the parent living more than 200 miles away should generally provide at least 60 days’ notice of extended summer parenting time. Additional parenting time when the parent is in the children’s area is also encouraged, including visits of at least 48 hours when circumstances permit.

These provisions are intended to provide greater predictability for families who must navigate parenting time across significant geographic distances.

The Guidelines Continue to Recognize that Every Family is Different

Although the 2026 Guidelines provide a more detailed framework for parenting time, they are not intended to prevent parents from creating a different parenting plan that works for their family.

The Guidelines expressly encourage parents to work together to create a parenting plan after considering the needs and abilities of their children and the parents involved. When parents can agree on a parenting plan that is reasonable and in the best interests of their children, they are encouraged to do so.

The Guidelines also recognize that certain circumstances may require a different approach. The Guidelines do not apply in situations where the Court reasonably believes a child’s physical health or safety is in danger or the child’s emotional development could be significantly impaired. Examples include family violence, substance abuse, certain mental health concerns, risk of flight with the children, and significant interruptions in the parent-child relationship.

What This Means for Parents

If you are involved in a South Dakota custody, divorce, or paternity proceeding and the parents cannot agree on a parenting plan, the revised Parenting Guidelines may become the starting point for the Court’s initial parenting time order.

However, the revised Guidelines do not automatically replace an existing parenting time order.

The 2026 Guidelines specifically provide that existing parenting time orders remain governed by the Parenting Guidelines that were in effect when the order was entered. The mere revision of the Parenting Guidelines does not, by itself, constitute good cause to modify an existing parenting time order. The Court or the parties may nevertheless refer to the revised Guidelines when seeking a modification after July 1, 2026.

This distinction is important. A parent with an existing custody or parenting time order should not assume that the new Guidelines automatically change his or her parenting schedule.

What do the changes in  South Dakota Parenting Guidelines mean for South Dakota families?

For many families, the 2026 revisions are less about creating entirely new parenting rights and more about providing greater clarity, flexibility, and direction when parents cannot agree.

The revised Guidelines place a strong emphasis on meaningful relationships between children and both parents, stability and consistency for children, and parenting schedules that account for each family’s individual circumstances.

They also reflect an increased recognition that, when appropriate, young children can benefit from overnight parenting time with both parents and that breastfeeding should be accommodated without unnecessarily limiting the other parent’s relationship with the child.

Ultimately, however, no parenting schedule is one-size-fits-all. The appropriate parenting plan depends on the child’s age, developmental needs, prior caregiving arrangements, each parent’s involvement, the parents’ circumstances, and the child’s best interests.

If you have questions about how the revised South Dakota Parenting Guidelines may affect your custody matter, divorce, paternity action, or parenting plan, consulting with an experienced South Dakota family law attorney can help you understand how the Guidelines apply to your specific circumstances.

Need Help Navigating South Dakota's New Parenting Guidelines?

At Ver Beek Law, we help parents throughout South Dakota navigate custody and parenting time matters with practical, child-focused solutions.

Whether you are negotiating a parenting plan, responding to a custody action, objecting to the implementation of the Parenting Guidelines, or seeking to modify an existing parenting time order, our attorneys can help you understand your options and advocate for your family’s best interests.

Contact Ver Beek Law today to discuss how South Dakota’s 2026 Parenting Guidelines

may affect your family.

Contact Ver Beek Law

The full Parenting Guidelines PDF can be found here:

South Dakota Parenting Guidelines (Updated).pdf

Download PDF • 407KB

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