South Dakota Custody Stipulation Agreements

What a Stipulated Custody Agreement Is

A stipulation is a written agreement between both parents on custody, parenting time, and child support that is submitted to the court for approval. When both parents sign a stipulation, the case is "uncontested" — the judge reviews the agreement without holding a full evidentiary hearing, and if it meets the legal requirements, incorporates it into the final court order.

In South Dakota, the stipulation form used in divorce cases with minor children is Form UJS-185. For standalone custody or paternity cases, different forms may apply, but the concept is the same: both parents agree on the terms, put it in writing, and ask the court to make it enforceable.

Why Stipulation Is the Preferred Path

The numbers make the case clearly. A contested custody hearing in South Dakota — with mandatory mediation, possible custody evaluations ($6,000–$7,000), attorney fees ($118–$415 per hour), and multiple court appearances — can easily cost $15,000 to $30,000 or more per parent. A stipulated agreement still involves the filing fee ($97, or waived with Form UJS-022), service of process, parenting education, and any mediation or professional help, plus the parents' time negotiating the terms.

Beyond cost, a stipulated agreement gives parents control over the outcome. In a contested hearing, a circuit court judge who has spent a few hours reviewing evidence decides where your child sleeps, how holidays are divided, and who makes decisions about education and healthcare. With a stipulation, the parents who know their child best make those decisions.

The 60-day mandatory waiting period under SDCL § 25-4-34 provides a built-in window for negotiation. From the date the summons and complaint are served, neither party can finalize anything for at least 60 days — use that time to negotiate rather than prepare for war.

What the Court Requires for Approval

A judge does not rubber-stamp a stipulation. The court independently reviews the agreement to confirm it serves the child's best interests. The judge will look for:

• A detailed residential schedule. Vague language like "reasonable parenting time" is not sufficient. The agreement must specify which days and nights the child spends with each parent, including a holiday rotation and a summer schedule.
• Legal custody allocation. The agreement must state whether parents share joint legal custody (requiring mutual agreement on major decisions about education, healthcare, and religious upbringing) or whether one parent has sole legal custody.
• Child support. The agreement must include a child support calculation consistent with South Dakota's Income Shares Model under SDCL Chapter 25-7. The court can reject a stipulation where the support amount deviates from the guidelines without adequate justification.
• Parenting education completion. Under SDCL § 25-4A-32, the court generally cannot enter a final order until both parents have completed an approved parenting education course and filed their certificates (Form UJS-364), unless a good-cause waiver or delay applies. This applies to stipulated cases too — the agreement is ready, but the decree waits until the course is done.
• Healthcare provisions. The agreement should address who maintains health insurance for the child and how uninsured medical costs are split.

The Contested Path: What Happens When You Cannot Agree

If parents cannot reach a stipulation, the case follows the contested track:

1. Mandatory mediation under SDCL § 25-4-56, subject to statutory exceptions. The court orders both parents to participate in mediation with a court-approved mediator. Mediation is confidential — nothing said during mediation can be used as evidence later. Many cases settle at this stage.

2. Custody evaluation (optional but common). If mediation fails, either parent or the judge can request a professional custody evaluation under SDCL § 25-4A-23. The evaluator interviews both parents, visits both homes with the children present, conducts background checks, and files a report with a custody recommendation.

3. Evidentiary hearing. A bench trial before a circuit court judge. Both sides present witnesses, documents, and testimony. The judge applies the Fuerstenberg best-interest factors and enters a custody order.

The contested process takes months and costs orders of magnitude more than a stipulation. Even if you start down the contested path, you can still negotiate a stipulation at any point — including the morning of the hearing.

Drafting a Strong Stipulation

The most common reason courts reject stipulations is vagueness. A strong agreement addresses the specifics that create conflict:

• Exact exchange times and locations — "Friday at 5:00 PM at the McDonald's on West 41st Street" beats "Friday evening."
• Holiday schedule with alternating years — specify which parent gets Thanksgiving in even years, Christmas Eve vs. Christmas Day allocation, and how spring break and summer are divided.
• Right of first refusal — if the custodial parent needs childcare for more than a specified number of hours, the other parent gets the first opportunity to care for the child instead.
• Communication protocols — how parents communicate about scheduling changes, which platform they use, and expected response times.
• Decision-making tiebreakers — in joint legal custody, what happens when parents disagree on a major decision? Some stipulations designate one parent as the tiebreaker for specific categories (one parent decides education, the other healthcare).
• Relocation provisions — address what happens if either parent needs to move, referencing the statutory requirements under SDCL § 25-4A-17.

The South Dakota Child Custody & Parenting Plan Guide includes a parenting-time schedule planner and a parenting-plan timeline tracker that walk you through each provision a court expects to see — so your stipulation covers the details that prevent future disputes rather than creating them.

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