Updated Parenting Guidelines Now in Effect
By Susan Rasmussen, a Woods Fuller Associate
For many families navigating custody and parenting time, the legal process can feel confusing and emotionally overwhelming. Recognizing those concerns, the South Dakota Supreme Court recently approved an update to the state’s Parenting Guidelines. Beginning July 1, 2026, the new Guidelines apply to families across South Dakota and are intended to make parenting schedules clearer, more consistent, and easier for parents to understand. The changes reflect extensive feedback from parents, judges, attorneys, and child development professionals who shared their experiences through public hearings and statewide input.
At a Glance
One of the biggest goals of the updated Guidelines is to create more predictability for families. In the past, parents often reported that the guidelines were difficult to interpret and sometimes applied differently depending on the court or county. Questions about holidays, school breaks, long-distance parenting arrangements, and communication expectations frequently led to confusion and disagreements. The revised Guidelines aim to address those challenges by offering clearer direction about parenting schedules and expectations, so parents have a more consistent starting point when creating or modifying parenting plans.
Parenting Time Is a Minimum, not a Maximum
One of the most important changes in the 2026 Guidelines is how parenting time is framed. In the past, many parents felt the schedules were treated like a hard limit. The updated language makes it clear: these schedules are a baseline, not the ceiling.
Parents are encouraged to develop schedules that fit their child’s routines and needs. Courts will still prioritize the child’s best interests, which may result in parenting time less than the Guidelines, but they now provide a more flexible starting point when parents cannot agree.
Holidays Clarification
Holiday schedules can be a common source of conflict between co-parents. The new Guidelines remove ambiguity by establishing specific timing and priority rules:
Holidays take precedence over regular weekends and birthdays
Father’s Day prevails when it falls on Juneteenth
Each holiday now has more clearly defined start and end times
These updates are designed to reduce confusion and unnecessary disputes.
Updates for Young Children (Ages 0-5)
The guidelines now reflect research on the benefits of stable, predictable relationships for infants and toddlers. Key updates include:
Overnight time expanded from 18 hours to 24 hours for certain infants and young children
Encouragement of overnight visits for young children with both parents in order to establish and maintain bonds
These changes provide young children with consistent, developmentally appropriate schedules while supporting both parents’ involvement.
Objection Process
Parents who disagree with the default schedule can resolve conflicts as follows:
File a written objection
A hearing must occur within 30 days
The judge issues a temporary order tailored to the family
This helps prevent long delays and reduces uncertainty for children and parents alike.
Modern Communication Standards
The Guidelines now reflect how families communicate today:
One primary phone accessible to both parents
No monitoring or blocking communications
Video calls encouraged
Updated social media expectations
This ensures children can maintain relationships with both parents without unnecessary barriers.
Will the New Guidelines Affect My Custody Order?
Many parents naturally wonder whether the 2026 updates will automatically change their existing custody or parenting time orders. The short answer is: no.
Existing orders stay in effect under the Guidelines that applied when the order was originally entered. The 2026 revisions do not automatically override your current schedule, and a parent cannot request a change just because the Guidelines have been updated. In other words, the Guideline update alone does not constitute “substantial change in circumstances” for modifying an order.
That said, the new Guidelines can be a helpful reference if circumstances have changed. For example, if a child has grown older, schedules have shifted, or new co-parenting challenges have arisen, courts may consider the 2026 rules when shaping a revised schedule that better meets the child’s needs.
In practical terms:
Your current order remains valid.
The new rules do not automatically replace it.
The Guidelines can guide modifications when a legal change is already justified.
If you’re trying to make sense of these changes or wondering how they apply to your own situation, you don’t have to navigate it alone. The family law team at Woods Fuller is here to help you understand your options and plan for what works best for your family.