Parenting Time for Infants and Toddlers in South Dakota

Why Young Children Need a Different Schedule

A custody schedule that works for a 10-year-old can be harmful for a 1-year-old. Young children haven't developed the cognitive capacity to understand that a parent who's gone for a week is coming back. They rely on frequent, predictable contact with both caregivers to build secure attachment — the psychological foundation for healthy development.

South Dakota's parenting guidelines recognize this. The standard UJS-302 schedule for children age 5 and older (alternating weekends plus midweek overnights) doesn't apply to infants and toddlers without modification. The 2026 updated guidelines, effective July 1, 2026, specifically expanded provisions for younger children.

The 2026 Changes for Infants and Toddlers

The updated South Dakota parenting guidelines made a meaningful change: overnight visits for certain age groups of infants and toddlers were extended from 18 hours to 24 hours. The purpose is to encourage the early establishment of stable bonds with both parents in routine, overnight environments.

The guidelines also codified breastfeeding accommodation rules. A parent cannot use breastfeeding as a reason to block the other parent's parenting time. If a mother provides bottle-feeding arrangements for daycare or babysitters, those same arrangements must be available to the other parent. The goal is to protect the breastfeeding relationship while ensuring the noncustodial parent has meaningful access.

Age-Based Schedule Recommendations

While the guidelines provide minimum standards, a developmental step-up plan can increase parenting time as the child grows:

Birth to 12 months. The plan should prioritize shorter, frequent, predictable contact and account for the current age-specific guideline provisions. Overnights can be considered gradually when appropriate for the child and the two homes' routines.

12 to 24 months. Continue frequent, predictable contact and consider adding overnights gradually when appropriate for the child and the two homes' routines. The current guidelines include age-specific overnight provisions for infants and toddlers.

Ages 2 to 5. A 2-2-3 rotation — two nights with one parent, two with the other, then a three-day weekend — can give frequent contact with both parents without extended separations. This works best when both homes are close to the child's daycare or preschool and exchanges are low-conflict.

Ages 3 to 5. The 2-2-3 rotation can continue to provide frequent contact, while the parents may adjust the number and length of visits to the child's needs and routines.

Age 5 and older. The standard UJS-302 schedule becomes appropriate. Alternating weeks, 2-2-5-5 rotations, and other 50/50 models are practical options. The child can handle longer separations and benefits from the stability of a predictable weekly routine.

Step-Up Plans

A step-up plan starts with a conservative schedule and gradually increases the noncustodial parent's time as the child grows. The transitions are typically tied to specific ages or milestones:

• Infants and toddlers: shorter, more frequent visits, with overnight provisions determined under the current guidelines and the child's needs
• Ages 2–5: a 2-2-3 rotation or another schedule that maintains frequent contact
• Age 5+: transition to the standard schedule or a custom 50/50 arrangement as appropriate

The advantage of a step-up plan is that it's built into the court order from the start. You don't need to file a modification every time the child reaches a new stage — the schedule automatically adjusts on the specified dates.

What Judges Look For

When evaluating a parenting time proposal for a young child, the court weighs the same Fuerstenberg best-interest factors that apply to older children, but with extra emphasis on:

• Each parent's demonstrated capacity for age-appropriate caregiving (diaper changes, feeding, soothing)
• The child's current attachment patterns and adjustment
• The proximity of the parents' homes (frequent transitions are impractical when parents live far apart)
• Each parent's willingness to accommodate the child's developmental needs over their own scheduling preferences

A well-drafted step-up plan that accounts for developmental milestones and adjusts gradually shows the court that you've thought carefully about your child's needs. The South Dakota Child Custody & Parenting Plan Guide includes age-specific schedule templates and a step-up planning worksheet to help you build a plan that grows with your child.

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