How to Legally Relocate Out of South Dakota with Your Child
To legally relocate out of South Dakota with a minor child, you must provide the other parent with a 45-day written notice under SDCL § 25-4A-17. If they object, you must prove to a judge that the move is in the child's best interests.
Life changes unexpectedly, and job offers, military deployments, or new marriages often require moving out of state. However, when you share custody of a child in South Dakota, you cannot simply pack your bags and leave. Relocating a child away from the other parent fundamentally alters the existing custody arrangement and requires strict adherence to state law. Failing to follow the legal relocation process can result in severe consequences, including an emergency order forcing you to return the child and potentially losing primary custody altogether. If you are planning a move or need to prevent one, finding a qualified family law attorney through our US Lawyer Directory is your best first step.
The Mandatory Statutory Notification Requirements
South Dakota law is incredibly strict regarding parental relocation. Under SDCL § 25-4A-17, a parent with primary physical custody, or a parent sharing joint physical custody, must provide formal written notice of their intent to relocate if the move will require a change of school or will significantly disrupt the current parenting time schedule. You must send this notice directly to the other parent at least 45 days before the intended moving date.
You must use specific forms, typically Form UJS-355, South Dakota, Unified Judicial System, Notice to Relocate Child, and send it via certified mail with a return receipt requested. The notice must include the exact new address, the reason for the move, and a proposed revised parenting plan that outlines how the non-moving parent will continue to see the child.
Opposing a Move: The Legal Burden of Proof
Once the other parent receives the 45-day notice, they have exactly 30 days to file a formal objection with the court under SDCL § 25-4A-19. If they file an objection at the Lincoln County Circuit Court, Canton or their local venue, the move is temporarily blocked until a judge can hold a hearing.
During the relocation hearing, the legal burden rests on the moving parent to prove that the relocation is in the child's best interests. The judge will analyze several factors, often relying on the standard set in precedents like Berens v. Berens, 689 N.W.2d 207 (SD Supreme Court 2004). The court will evaluate whether the move will vastly improve the child's quality of life (better schools, higher household income), the motives behind the move (ensuring the move isn't designed to alienate the other parent), and whether a reasonable long-distance visitation schedule can be created.
Temporary Military Relocations
South Dakota has a strong military presence, particularly near Ellsworth Air Force Base. When a service member receives temporary change of station (PCS) orders or deployment orders, the court handles the situation uniquely. While the notification rules still apply, courts are generally very supportive of ensuring the military parent retains their custody rights. A judge can issue a temporary custody order that automatically reverts to the original schedule once the deployment or temporary assignment concludes, ensuring service members are not penalized for serving their country.
Allocating Long-Distance Visitation Transportation Costs
If the court approves the relocation, the standard weekend visitation schedule will no longer work. The judge will implement a long-distance parenting plan. A major point of contention is who pays for the child's flights or the long drives. Generally, the South Dakota judge will heavily allocate the transportation costs to the parent who chose to move away. However, the court can apportion these costs fairly based on both parents' incomes, sometimes requiring both parties to meet halfway for drop-offs if the distance is drivable.
How Much Does a Relocation Case Cost in South Dakota?
If both parents agree to the move, you only need to file a stipulated agreement and a new parenting plan, which carries a basic court filing fee of approximately $95. However, contested relocation cases are essentially full-blown custody trials. You will likely need to hire expert witnesses or private investigators. Attorney fees for a heavily litigated relocation case in South Dakota generally range from $5,000 to $15,000 per side, depending on the complexity of the arguments and the length of the trial.
How Long Does the Process Take?
If you file your 45-day notice and the other parent does not object within 30 days, the relocation is automatically approved by default, making it a very fast process. However, if the other parent files an objection, securing a trial date in courts like the Codington County Circuit Court, Watertown can take 3 to 6 months. Because of this timeline, it is imperative to file your notice the moment you anticipate a move, rather than waiting until the last minute.
Frequently Asked Questions (FAQ)
Can I move to a different city within South Dakota without permission?
If the move is within the same school district and does not disrupt the current visitation schedule, formal notice is generally not required. However, if moving across the state (e.g., from Sioux Falls to Rapid City) disrupts the schedule, the 45-day notice rule strictly applies.
What happens if I move without giving the 45-day notice?
The court can find you in contempt, order you to return the child to South Dakota immediately at your own expense, and may use your unauthorized move as grounds to grant primary custody to the other parent.
Does the child have a say in the relocation?
The court may consider the preference of a mature older child, but the child's desire to move or stay is never the sole deciding factor. The ultimate decision is strictly based on the overall best interests of the child.
Can a judge stop me from moving?
No. A judge cannot violate your constitutional right to travel and force you to stay in South Dakota. However, the judge absolutely has the power to order that the child must remain in South Dakota with the other parent.
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