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 . Guideline 1. For Parents Who Have Children Under Age 5. 1.1. Children Under Age 5 Generally. ? Newborns (birth to 3 months) and infants (3 – 6 months) have a great need for continuous contact with their primary caregiver, but also frequent contact with both parents who provide a sense of security, nurturing and predictability. ? Generally, overnights for very young children is not recommended unless the parents are both very closely attached to the children, are able to personally provide primary care, the children are adaptable, and the parents are cooperative. ? Older children are able to tolerate more and longer separations from one parent or the other. The following Guidelines for children under age 5 are designed to take into account childhood developmental milestones. Since children mature at different rates, these may need to be adjusted to fit the children’s individual circumstances. 1.2. Birth until 3 Months. Three, 2-hour parenting time periods per week and one weekend parenting time period for 6 hours. In situations where both parents have been engaged in an ongoing caregiving routine with a nursing child, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the child and maintain stability for the child. If applicable, breastfeeding shall be accommodated, but the parents must cooperate in working out alternatives. See 1.8 below. 1.3. 3 – 6 Months. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting plans are recommended: (1) Three, 3-hour custodial periods per week and one weekend day for 6 hours. If applicable, breast feeding shall be accommodated but the parents must cooperate in working out alternatives; or (2) Three, 3-hour custodial periods per week and one overnight on a weekend not to exceed 18 hours, if the parent is capable of personally providing primary care. See exceptions in Section 1.8 below; or (3) In situations where both parents have been engaged in an ongoing caregiving routine with a child, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children. 1.4. 6 – 12 Months. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting times are recommended: (1) Three, 4-hour parenting time periods per week and one weekend day for 6 hours; or (2) Three, 4-hour parenting time periods per week and one overnight on a weekend not to exceed 18 hours, if the child is not breastfeeding and the parent is capable of personally providing primary care; or (3) Children spend time in alternate homes, but spends significantly more time in one parent’s home and no more than 1-2 overnights spaced regularly throughout the week at the other parent’s home; or (4) In situations where both parents have been engaged in an ongoing caregiving routine with a child, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children. 1.5. 12 – 36 Months. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting times are recommended: (1) Three, 8-hour parenting time periods per week on a predictable schedule; or (2) Three, 8-hour parenting time periods per week on a predictable schedule and one overnight per week not to exceed 18 hours; or (3) Children spends time in alternate homes, but with significantly more time in one parent’s home with 1-2 overnights spaced regularly throughout the week. This arrangement requires adaptable children; or (4) In situations where both parents have been engaged in an ongoing caregiving routine with the children (nursing or otherwise), overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children. 1.6. 3 Years – 5 Years. Recognizing the amount of time each parent spent with the children prior to the parents’ separation and/or since that time, alternative parenting times are recommended: (1) One overnight parenting time period not to exceed 24 hours and two additional 8-hour parenting time periods each week, separate from the overnight, with the children returning to the other parent’s home at least 1 hour before bedtime; or (2) Two to three overnights at one home, spaced throughout the week, the remaining time at the other parent’s home. This arrangement requires adaptable children; or (3) In situations where both parents have been engaged in an ongoing caregiving routine with the children, overnights are allowed to continue as much as possible to provide the same caregiving arrangement to the children and maintain stability for the children. If the parents cannot agree on which provision shall apply in sections 1.2 through 1.6, the parties shall use option 1 until further order of the court. Absent special circumstances as determined by the court, parenting time shall not decrease from one age category to the next. 1.7. Children in Day Care. In families where children are in day care before and/or after parental separation, the children may be able to tolerate more time with each parent earlier than their specific age group indicates above because the children are accustomed to separations from both parents. 1.8. Breastfeeding Children. – Parents must be sensitive to the special needs of breastfeeding children. Children’s basic sleeping, feeding, and waking cycles should be maintained to limit disruption in the children’s routine. Forcibly changing these routines due to the upheaval of parental disagreement is detrimental to the physical health and emotional well-being of the children. On the other hand, it is important that the children be able to bond with both parents. 1. For children being exclusively breastfed, the nursing child can still have frequent parenting time with the other parent. The amount of time will be guided by/subject to the infant’s feeding schedule, progressing to more time as the child grows older. Both parents should be mindful that a feeding may occur, and the child may return to time with the other parent after the feeding. 2. Where both parents have been engaged in an ongoing caregiving routine with a nursing child, the same caregiving arrangement should be continued as much as possible to maintain stability for the children. 3. If the other parent has been caring for the children overnight or for twenty-four hour periods while the nursing mother sleeps or works, that arrangement should/shall continue. 4. A mother may not use breastfeeding to deprive the other parent of time with the children. If, for example, a nursing mother uses day care or a babysitter for the children, the same accommodations (i.e., bottle feeding with breast milk or formula, or increased time between breast feeding sessions) used with the day care provider or babysitter will be used with the other parent, if the other parent is capable of personally providing the same caregiving. 1.9. Holidays. For children aged 0-5 years, when the parents live and/or celebrate the holiday in the same or a nearby community, the parents shall alternate the following holidays in the chart below. Prior to a child’s 5th birthday, holiday parenting time shall not exceed the longest period of parenting time currently being exercised and shall be scheduled by the parent exercising holiday time. If the parents cannot otherwise agree, the holiday time shall be exercised within the time frames provided in the chart below not to exceed the longest period of parenting time currently being exercised. It is recommended that the parents communicate two weeks in advance about who is exercising what time period for the holidays set forth below. Parenting time, however, shall not be withheld solely for failure to abide by this two-week recommendation. Holiday Details Even-Numbered Years Odd-Numbered Years Martin Luther King, Jr. Day weekend 5:00 p.m. Friday – 8:00 a.m. Tuesday Parent 2 Parent 1 President’s Day weekend 5:00 p.m. Friday – 8:00 a.m. Tuesday Parent 1 Parent 2 Easter weekend 8:00 a.m. Friday – 8:00 a.m. Monday Parent 2 Parent 1 Mother’s Day 8:00 a.m. – 8:00 a.m. the following day Parent 1 Parent 1 Memorial Day 5:00 p.m. Friday – 8:00 a.m. Tuesday Parent 2 Parent 1 Juneteenth (6/19) 8:00 a.m. – 8:00 a.m. the following day Parent 1 Parent 2 Father’s Day 8:00 a.m. – 8:00 a.m. the following day Parent 2 Parent 2 4 th of July 5:00 p.m. July 3rd – 5:00 p.m. July 5th Parent 1 Parent 2 Labor Day 5:00 p.m. Friday – 8:00 a.m. Tuesday Parent 1 Parent 2 Native American Day 5:00 p.m. Friday – 8:00 a.m. Tuesday Parent 2 Parent 1 Halloween 3:00 p.m. – 8:00 p.m. Parent 1 Parent 2 Thanksgiving 8:00 a.m. Thursday – 5:00 p.m. Sunday Parent 2 Parent 1 Christmas Eve 8:00 a.m. Christmas Eve – 8:00 a.m. Christmas Day Parent 2 Parent 1 Christmas Day 8:00 a.m. Christmas Day – 8:00 a.m. December 26th Parent 1 Parent 2 Child’s Birthday Ages 0-3 = 4 hours Ages 3-5 = 8 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before) Parent 2 Parent 1 Parent 2’s Birthday Ages 0-3 = 4 hours Ages 3-5 = 8 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before) Parent 2 Parent 2 Parent 1’s Birthday Ages 0-3 = 4 hours Ages 3-5 = 8 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before) Parent 1 Parent 1 1.10. Vacation With Children 3 – 5 Years Old. Upon 30 days advance written notice (by mail, email or text message), each parent is entitled to two separate periods of uninterrupted time for up to 5 days each with their children each year, not to conflict with the other parent’s holiday parenting time. Parents are encouraged to coordinate vacation plans. The parents shall consider extending the 5 day time periods to 7 days if the children are adaptable and accustomed to spending time with both parents. 1.11. Long-Distance Parenting. When substantial distance between the parents exists, the ability to exercise these Guidelines is compromised. The parents will need to create a developmentally appropriate parenting plan for their unique situation. When parenting time is unable to be frequent, parents are encouraged to use video/audio contact to build and/or maintain the bond between the children and parent who lives afar. Guideline 2. For Parents Who Have Children Age 5 and Older And Reside No More Than 200 Miles Apart. 2.1. Weekends. In most cases, it is a positive experience for the children to have both parents involved in taking the children to and from school. Parenting time shall consist of alternate weekends starting Friday upon the release of school or 3:15 p.m., whichever is applicable, and continuing until the return to school Monday or 8:00 a.m., whichever is applicable. Parenting time shall be an equivalent period of time if a parent is unavailable on weekends and the children do not miss school. 2.2. Mid-Week. If time and distance allow, parenting time shall include one mid-week overnight every week, in addition to the weekends in 2.1 above, with the children. If the parents cannot otherwise agree, this mid-week time shall be on Wednesdays and shall start when the children are released from school or at 3:15 p.m., whichever is applicable, and concludes when the children are returned to school the next day or at 8:00 a.m., whichever is applicable. All transportation for the midweek parenting time is the responsibility of the parent exercising the parenting time. 2.3. Summer Break. The children shall be with each parent for one-half of the school summer break. Summer break begins the day after school is released and ends the day before school commences. The parent with whom the children reside the majority of the time during the school year has priority to have the children the week before school resumes, which counts as part of that parent’s summer break. At the option of the other parent, his/her parenting time during summer break may be consecutive or it may be split into 2 or more blocks of time. This parent shall provide a minimum of 30 days advance notice of the dates selected. If the children go to summer school and it is impossible for a parent to schedule time other than during summer school, the parent may elect to take the time when the children are in summer school and transport the children to the summer school sessions at the children’s school or an equivalent summer school session in that parent’s community. The parent with whom the children reside for the majority of the school year shall have the weekend before the beginning and the weekend after the end of the other parent’s summer period, regardless of whose weekend it may be. This weekend time will not be made up. During any summer vacation parenting times of three or more consecutive weeks, the parent exercising parenting time shall arrange for a mutually convenient 48-hour continuous period of time for the other parent to spend with the children. 2.4. Holidays. The following chart shows the allocation of the holidays between parents. School breaks and release times may be different from school to school and district to district. The school calendar is published on your children’s school’s website before each school year starts. It is important to know these dates / times as they pertain to your children. Holiday / Special Event Details / Times Even-Numbered Years Odd-Numbered Years Martin Luther King Jr. Day weekend Starts when school is released on Friday or 3:15 p.m., whichever is applicable and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. Parent 2 Parent 1 President’s Day weekend Starts when school is released on Friday or 3:15 p.m., whichever is applicable and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. Parent 1 Parent 2 Easter weekend Starts when school is released for the holiday weekend and ends at 8:00 a.m. on the day school recommences after the holiday weekend. Parent 2 Parent 1 Spring Break, if one is designated separately from Easter Starts when school is released for Spring Break and ends at 8:00 a.m. on the day school begins after the break. If a spring break is not granted by the school, this provision would not apply. Also, if the spring break is combined with Easter, this provision would not apply. Parent 1 Parent 2 Mother’s Day Starts at 8:00 a.m. on Mother’s Day and ends at 8:00 a.m. on Monday; one overnight. Parent 1 Parent 1 Memorial Day weekend Starts when school is released on Friday or 3:15 p.m., whichever is applicable, and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. Parent 2 Parent 1 Juneteenth Starts at 8:00 a.m. on 6/19 and ends at 8:00 a.m. on 6/20 Parent 1 Parent 2 Father’s Day Starts at 8:00 a.m. on Father’s Day and ends at 8:00 a.m. on Monday; one overnight. Parent 2 Parent 2 4 th of July Begins July 3 at 5:00 p.m. and ends July 5 at 5:00 p.m. Parent 1 Parent 2 Labor Day weekend Starts when school is released on Friday or 3:15 p.m., whichever is applicable, and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. Parent 1 Parent 2 Native American Day weekend Starts when school is released on Friday or 3:15 p.m., whichever is applicable, and ends when the children are returned to school on Tuesday or at 8:00 a.m., whichever is applicable. Parent 2 Parent 1 Halloween Starts on 10/31 when school releases for the day or 3:15 p.m., whichever is applicable, and concludes on 11/01 when school resumes or at 8:00 a.m., whichever is applicable. Parent 1 Parent 2 Thanksgiving weekend Starts when school releases on Wednesday or 3:15 p.m., whichever is applicable, and ends Monday at 8:00 a.m. Parent 2 Parent 1 Christmas Eve Starts on 12/23 at 8:00 a.m. and concludes on 12/25 at 8:00 a.m. Parent 2 Parent 1 Christmas Day Starts on 12/25 at 8:00 a.m. and concludes on 12/27 at 8:00 a.m. Parent 1 Parent 2 1 st half of winter break The winter break starts when the day the children are released from school for the break and continues to the morning of the day the children return to school. The 48-hour parenting times for each Christmas Eve and Christmas Day are not included in the division of the winter break. Parent 1 Parent 2 2 nd half of winter break, including New Year’s holiday The winter break starts when the day the children are released from school for the break and continues to the morning of the day the children return to school. The 48-hour parenting times for each Christmas Eve and Christmas Day are not included in the division of the winter break. Parent 2 Parent 1 Children’s Birthdays Starts 8:00 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before); parenting time shall be with all of the children not just the one who has the birthday. Parent 2 Parent 1 Parent 2’s Birthday Starts 8:00 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before). Parent 2 Parent 2 Parent 1’s Birthday Starts 8:00 a.m. on date of birthday – 8:00 a.m. the next day (If the birthday falls on a holiday, the parenting time for the birthday shall take place the day before). Parent 1 Parent 1 2.5. Conflicts Between Regular and Holiday Weekends. When there is a conflict between a holiday weekend and the regularly scheduled weekend time, the holiday takes precedence. Unless mutually agreed in writing, there will be no makeup parenting time in conflicts between holiday weekend and the regularly scheduled weekend time. This may result in one parent having the children for three weekends in a row; however, neither parent shall have the children for more than 3 weekends in a row. 2.6. Parent’s Vacation with Children Age 5 and Older. Each parent is entitled to a vacation with the children totaling up to 14 days, with 7 days being the most that may be exercised at one time. When possible, each parent shall provide the other with 30 days advance notice of their intent to utilize their vacation time. Parents are encouraged to coordinate vacation plans. In the event there is a dispute, the mother gets priority in choosing her vacation periods first in even-numbered years and the father gets priority in choosing his vacation periods first in odd-numbered years. 2.8. Precedence. The allocation of holidays listed in the above chart shall take precedence over vacations. In other words, a parent cannot exercise their vacation with the children when it is the other parent’s holiday. But vacations shall take precedence over the regular parenting time schedule. 2.9. Notice of Canceled Time With the Children. Whenever possible, each parent shall give a minimum of three days’ notice of intent not to exercise all or part of the scheduled time with the children. When such notice is not reasonably possible, the maximum notice permitted by the circumstances, and the explanation, shall be provided to the other parent. 2.10. Pick Up and Return of Children. When the parents live in the same area/community, the responsibility for picking up and returning the children shall be shared. The parent who receives the children for his/her parenting time will pick the children up from the other parent. Both parents have an obligation to be punctual and to arrive at the agreed upon time, not substantially earlier or later. Repeated, unjustified violations of this provision may subject the offender to court sanctions. Guideline 3. For Parents Who Have Children Age 5 and Older and Reside More Than 200 Miles Apart. 3.1. Holidays. Parents who reside more than 200 miles apart shall exercise the following holidays as follows: Holiday Details Even-Numbered Years Odd-Numbered Years Easter weekend Starts when school is released for the holiday weekend and ends at 8:00 a.m. on the day school recommences after the holiday weekend. Parent 2 Parent 1 Spring Break, if one is designated separately from Easter Starts when school is released for Spring Break and ends at 8:00 a.m. on the day school begins after the break. If a spring break is not granted by the school, this provision would not apply. Also, if the spring break is combined with Easter, this provision would not apply. Parent 1 Parent 2 Thanksgiving Starts when school releases on Wednesday or 3:15 p.m., whichever is applicable, and ends Monday at 8:00 a.m. Parent 2 Parent 1 Winter Break The winter break starts when the day the children are released from school for the break and continues to the morning of the day the children return to school. Parent 1 Parent 2 3.2. Summer Break. The parent with whom the children do not reside during the school year shall have the children for the children’s summer break as follows: summer break begins 3 days after school is released and ends 7 days before school recommences. This allows 10 days of parenting time during the summer with the parent with whom the children reside during the school year. Additionally, the parent with whom the children reside during the school year shall be entitled to exercise a 48 hour period of parenting time with the children every three weeks during the summer break; to be exercised at the sole expense of the parent with whom the children reside during the school year. 3.3. Priority of Summer Time With Parent. Parenting time in the summer with the parent who lives more than 200 miles away takes precedence over summer activities (such as sports) when the parent’s time cannot be reasonably scheduled around such events. Even so, the conscientious parent will often be able to enroll the children in a similar activity in the parent’s community. When each child reaches an age and maturity where activities are very important to them, the parents should reach an agreement that works best for the child. 3.4. Notice. At least sixty (60) days’ notice (recommended to be by mail, email, or text message) shall be given by the parent who lives more than 200 miles away from the children of the date for commencing extended summer parenting time with the children so that the most efficient means of transportation may be obtained and the parents and the children may arrange their schedules. Failure to give the precise number of days’ notice does not entitle the parent with primary residence of the children the right to deny the other parent parenting time with the children. 3.5. Additional Time With the Parent Who Lives More Than 200 Miles Away. The parent who resides more than 200 miles away from the children shall have the following parenting time: ? If the parent who lives more than 200 miles away wants to travel, at his/her sole expense, to visit with his/her children, this parenting time shall be accommodated for a reasonable time period of no less than 48 hours. However, this is not intended to be exercised more than every other weekend; ? Where distance and finances permit, additional parenting time for the parent residing more than 200 miles away from the children, such as holiday weekends or special events, is encouraged. Parents are encouraged to reference the holiday schedules set forth in Section 2.4 when determining the allocation and duration of other holidays; and ? When the parent who lives 200 miles away is in the area where the children reside, or the children are in the area where this parent resides, liberal time with the children based on the circumstances must be allowed. Circumstances will vary and may only allow for a quick visit or may allow for overnight parenting time. The children may miss some school to spend time with the parent who lives 200 miles away, so long as it does not substantially impair the children’s academic progress. However, additional time with the parent who lives more than 200 miles away from the child shall not interfere with the alternating holiday schedule set forth in Section 3.1 herein. Parents are encouraged to communicate with each other and cooperate in creating additional parenting times for the children. If the additional parenting time exceeds 4 hours, the parent who lives more than 200 miles away shall provide as much advance notice as possible, preferably 30 days. Failure to provide notice shall not be the sole reason for denial of additional parenting time. Guideline 4. General Rules Applicable to All Parents 4.1. Rules of Conduct. A parent shall always avoid speaking negatively about the other parent and must firmly discourage such conduct by relatives or friends. Each parent should speak in positive terms about the other parent in the presence of the children. Each parent shall encourage the children to respect the other parent. Children should never be used by one parent to spy or report on the other parent. 4.2. Relatives. Children will usually benefit from continued contact with all relatives on both sides of the family. Such relationships should be protected and encouraged. But relatives, like parents, need to avoid being critical of either parent in front of the children. Parents should have their children maintain ties with both the maternal and paternal relatives. Usually the children will visit the paternal relatives during times when the children are with their father and the maternal relatives during times when they are with their mother. This may include allowing the children to spend time with these relatives even when the parent is not present. 4.3. Relocation. Relocation is governed by South Dakota state law. See SDCL