Holiday and Summer Custody Schedules in South Dakota

Why Holiday and Summer Schedules Need Their Own Rules

The standard week-to-week custody schedule breaks down over holidays and school breaks. Thanksgiving, Christmas, spring break, and summer vacation do not fit neatly into an alternating-weekends-plus-midweek-overnight pattern. South Dakota's Parenting Guidelines (Form UJS-302) recognize this and establish a default framework for dividing these periods — but parents can negotiate a custom arrangement that works better for their family, as long as the court approves it.

Getting the holiday and summer schedule right upfront prevents the most common sources of co-parenting conflict. Arguments over where the child spends Christmas Eve, who gets the Fourth of July, and how summer weeks are allocated are entirely predictable — and entirely preventable with a detailed plan.

The Standard Holiday Rotation

South Dakota's guidelines use an alternating-year model for major holidays. The typical structure:

Even years / Odd years split. The guidelines allocate major holidays and school-break blocks between parents by even- and odd-numbered years. The assignments swap each year, although the exact allocation depends on the applicable age-based guideline and court order.

Specific holidays addressed:

• Thanksgiving — typically from school release for the week through the children's return to school the following week
• Christmas and winter break — Christmas Eve and Christmas Day periods are assigned separately, and winter break is divided into alternating portions, including New Year's
• Easter and spring break — Easter alternates between parents; a separately designated spring break also alternates
• Mother's Day and Father's Day — the child spends each day with the respective parent, regardless of the regular schedule
• The child's birthday — some plans alternate; others give each parent a portion of the day

The holiday schedule overrides the regular weekly schedule. If it is your Thanksgiving year, you get the child for that block even if the regular rotation would place the child with the other parent.

Summer Parenting Time

Summer is where the guidelines give the noncustodial parent their largest block of uninterrupted time with the child. Under the standard UJS-302 guidelines:

• The noncustodial parent receives the majority of the summer break. In the long-distance schedule (200+ miles between homes), this means the entire summer except for 10 days the primary custodial parent may designate.
• For local parents, the standard guidelines divide the school summer break between the parents; the time may be consecutive or split into two or more blocks, depending on the schedule.

Summer scheduling requires advance planning:

• Written notice deadlines. Under the standard guidelines, selected local vacation dates generally require 30 days' advance notice; for parents more than 200 miles apart, the distant parent should give at least 60 days' notice of extended summer time.
• Priority selection. Some orders give the noncustodial parent first choice of summer weeks in even years and the custodial parent first choice in odd years, alternating to ensure fairness.
• Summer activities. Camps, sports programs, and family vacations all need to be coordinated. The right of first refusal clause (see below) can prevent conflicts when one parent's vacation plans overlap with the other's scheduled time.

Right of First Refusal

The right of first refusal is a provision that says: if the parent who currently has the child needs to arrange childcare for more than a specified period (commonly four or more consecutive hours), they must first offer that time to the other parent before using a babysitter, daycare, or other arrangement.

South Dakota's guidelines do not mandate a right of first refusal by default, but many custody agreements include it. When it works well, it gives both parents additional time with the child and reduces childcare costs. When it does not work well — particularly in high-conflict cases — it becomes a surveillance tool and a source of constant disputes.

Factors to consider when deciding whether to include it:

• Geographic proximity. A right of first refusal is practical when parents live within a reasonable distance. If pickup requires a 90-minute drive, the clause creates more burden than benefit.
• Flexibility expectations. The clause should specify a reasonable response window (e.g., one hour) and a consequence for non-response (the requesting parent proceeds with other arrangements).
• Threshold duration. Setting the trigger too low (two hours) creates constant communication demands. Four to six hours is a common threshold.

Building a Custom Holiday Schedule

The standard guidelines are a starting point, not a ceiling. Parents who negotiate their own holiday and summer schedule can tailor it to their family's actual priorities:

• Cultural and religious holidays. If Diwali, Eid, Lunar New Year, or other observances matter to your family, write them into the schedule specifically. The standard guidelines focus on federal holidays and may not capture what is important to your family.
• Extended family traditions. If one parent's family always holds a reunion on the Fourth of July, building that into the schedule in advance avoids annual negotiations.
• Travel logistics. For parents who live far apart, consolidating holiday time into fewer, longer blocks (rather than short handoffs) reduces travel costs and transition stress on the child.
• Age-appropriate adjustments. Very young children may struggle with extended time away from their primary caregiver. Older children and teenagers may prefer longer blocks with each parent rather than frequent transitions.

Putting It All Together

The strongest custody agreements handle holidays and summer with the same specificity as the regular weekly schedule — exact dates and times, not general principles. The South Dakota Child Custody & Parenting Plan Guide includes a parenting-time schedule planner that maps out the entire year — regular weeks, holidays, summer blocks, and special occasions — so you can see the complete picture before you submit your plan to the court, rather than discovering gaps after the order is signed.

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