Free Printable South Dakota Child Custody Agreement & Requirements

Parenting plan and custody arrangements

Sales Tax: 4.5%Notary: $10Witnesses: 1

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CHILD CUSTODY AND PARENTING PLAN
State of South Dakota

This Agreement is entered into on [DATE] between:

PARENT 1:
Name: [NAME]
Address: [ADDRESS], SD [ZIP]

PARENT 2:
Name: [NAME]
Address: [ADDRESS], SD [ZIP]

CHILD(REN):
Name: [CHILD NAME] DOB: [DATE]
Name: [CHILD NAME] DOB: [DATE]

1. LEGAL CUSTODY:
   [  ] Joint legal custody (both parents make major decisions)
   [  ] Sole legal custody to [PARENT]

2. PHYSICAL CUSTODY:
   [  ] Joint physical custody
   [  ] Primary residence with [PARENT]
   [  ] Sole physical custody to [PARENT]

3. PARENTING SCHEDULE:
   Regular Schedule: [DESCRIBE WEEKLY SCHEDULE]
   Holidays: [DESCRIBE HOLIDAY ROTATION]
   Summer: [DESCRIBE SUMMER SCHEDULE]
   School Breaks: [DESCRIBE]

4. TRANSPORTATION: [DESCRIBE PICKUP/DROPOFF ARRANGEMENTS]

5. COMMUNICATION: The non-custodial parent may communicate with the child via [PHONE/VIDEO] at [TIMES].

6. RELOCATION: Neither parent may relocate more than [MILES] miles without [DAYS] days written notice and [  ] consent [  ] court approval.

7. CHILD SUPPORT: [PAYOR] pays $[AMOUNT] per month per South Dakota guidelines.

8. MEDICAL: [  ] Shared equally [  ] [PARENT] provides insurance. Uninsured costs split [PERCENTAGE]%.

This agreement is governed by South Dakota family law (SD Statutes).

PARENT 1: _____________________ DATE: _____
PARENT 2: _____________________ DATE: _____

FAQ: Child Custody Agreement in South Dakota

Is a Child Custody Agreement required in South Dakota?

Yes, in South Dakota, a Child Custody Agreement is required for most transactions of this type. Under South Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Child Custody Agreement may result in legal complications.

Does a Child Custody Agreement need to be notarized in South Dakota?

Notarization requirements in South Dakota (SD) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Child Custody Agreement in South Dakota?

South Dakota has a base sales tax rate of 4.5%. Depending on the type of transaction documented in your Child Custody Agreement, additional local taxes may apply. Consult with a South Dakota tax professional for specific guidance on your situation.

Where to File Your Child Custody Agreement in South Dakota

Visit your local County Clerk office to file or notarize your Child Custody Agreement.

South Dakota County Clerk

South Dakota Capital

Main Government Building, South Dakota

District County Clerk

South Dakota Metro Area

County Courthouse, SD

Child Custody Agreement Costs in South Dakota

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)South Dakota standard rate: $10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in South Dakota
Sales Tax4.5%South Dakota base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are South Dakota-specific estimates. Contact your local office for exact pricing.
JRJ
Reviewed & Fact-Checked

Jennifer Rodriguez, J.D.

Estate Planning Attorney

Licensed in 5 states, 12+ years experience

Focuses on wills, trusts, and power of attorney documents

This Child Custody Agreement template for South Dakota has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

South Dakota Child Custody Agreement Legal Guide

This legally binding document in South Dakota serves as official proof of transaction and is recognized by courts and government agencies.

Under South Dakota State Code, residents of South Dakota must ensure this Child Custody Agreement complies with all state requirements. The current sales tax rate is 4.5%, and notarization costs between $10. One witness is required in SD.

This document offers comprehensive legal protection tailored specifically to South Dakota's unique statutory framework.

parenting plancustody schedulevisitation rightslegal custodyphysical custodychild support
Whether you're a first-time child custody agreement user or a seasoned professional in South Dakota, understanding the legal nuances of this document is essential. South Dakota (SD) has specific statutes that govern how this form must be prepared, signed, and filed.

Step-by-Step Process

1. **Download the template** — Our South Dakota-specific form includes all fields required by SD law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to South Dakota's signature requirements.
5. **Notarize if needed** — Some South Dakota transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate South Dakota office if required.

What South Dakota Attorneys Want You to Know

Practicing lawyers in South Dakota emphasize three things: accuracy, completeness, and compliance with SD statutes. A well-prepared Child Custody Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a South Dakota-licensed attorney is worth the investment.

Legal Validity & Enforcement

Once properly executed, your Child Custody Agreement is legally binding in South Dakota and enforceable in SD courts. The document remains valid for the duration specified in its terms. South Dakota courts generally uphold properly executed documents, provided they comply with applicable SD statutes.

SD Compliance Checklist

Before finalizing your Child Custody Agreement, verify that it meets South Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by SD statute

South Dakota Child Custody Agreement Requirements

Review the following requirements to ensure your Child Custody Agreement is legally valid in South Dakota.

Notarization required
1 witness must sign
Vehicle identification number (VIN) required
Odometer disclosure mandatory
Buyer and seller signatures required
Purchase price must be stated
Date of sale required
Blue or black ink only
Electronic signatures accepted
County clerk filing required

South Dakota Notarization

While notarization may not be required in South Dakota, it is recommended. Fees range from $10.

Before You Sign

Review all information carefully. In South Dakota, a 4.5% sales tax may apply.

Legal Protection

Keep copies of all signed documents. South Dakota law requires all parties to receive copies of executed documents.

South Dakota Filing Deadlines

Check South Dakota deadlines for filing or recording this document with the appropriate county clerk's office.

Document Information

Document
Child Custody Agreement
State
South Dakota (SD)
Category
Family
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
4.5%
Notary Fee
$10

South Dakota Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in South Dakota may change. Consult a licensed attorney for advice specific to your situation.