Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules.

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25-4A-10. Noncustodial parenting time--Minimum standard guidelines--Promulgation of court rules.

The South Dakota Supreme Court shall promulgate court rules establishing standard guidelines to be used statewide for minimum noncustodial parenting time in divorce or separate maintenance actions or any other custody action or proceeding. The minimum standard guidelines shall provide a framework for noncustodial parenting time including frequency and time for noncustodial parenting time; hours or days of noncustodial parenting time; definitions for weekends, holidays, birthdays, and other special occasions; and time periods for summer noncustodial parenting time.

In establishing the minimum standard guidelines, the court may consider varying ages and circumstances of children and treat varying ages and circumstances differently.

The Supreme Court shall establish rules pursuant to §16-3-1 to provide for a public hearing process to review the minimum standard guidelines and to recommend any amendments deemed to be necessary.

Source: SL 2002, ch 125, §2; SL 2008, ch 126, §2; SL 2020, ch 105, § 1.


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