SDCL tit. 25, ch. 4A, app TO CHAPTER 25-4A, Enforcement
These Guidelines are required to be served with the Summons and Complaint in a divorce, paternity action or any other custody action or proceeding. Seehttps://ujslawhelp.sd.gov/onlineforms.aspx under divorce or paternity actions for instructions on how to initiate an action (service of summons).
If the parents are able to agree to a schedule other than the guidelines, these Guidelines should be used as a minimum direction in creating the parenting time plan. Parents should agree to parenting times that they find reasonable and in the best interest of their children and the Parenting Guidelines are not intended to prevent such agreements.
If the parents are unable to agree on a parenting plan, these Guidelines become mandatory as the parenting plan and are enforceable as a court order upon initiation of a divorce or court action involving custody. SDCL 25-4A-11. If you disagree with the use of these Guidelines as your parenting time plan, either parent has the right to object. Your written objection shall be filed with the Clerk. After it is filed, a hearing will be held and the Judge will determine your parenting time schedule. Instructions and this objection form can be found at https://ujslawhelp.sd.gov/defendants.aspx..
Instructions and forms regarding enforcement can be found at https://ujslawhelp.sd.gov/enforcement.aspx..
SDCL tit. 25, ch. 4A, app TO CHAPTER 25-4A, Enforcement