## Moving with a child after a custody order in South Dakota If you have a custody order or shared parenting plan in South Dakota, you generally CAN'T just move with the child — at least not far enough to disrupt the other parent's relationship — without either the other parent's consent or court approval. ### South Dakota relocation framework - **Notice required:** Reasonable notice. - **Standard the court applies:** Best interests; no formal test. ## What counts as relocation Most states define relocation by: - **Distance** — typical thresholds: 50 miles, 100 miles, out of school district, out of state - **Effect on parenting time** — moves that materially reduce the other parent's contact - **Duration** — moves of 60+ days (some states) Moves down the street usually don't trigger relocation rules; moves to another state almost always do. ## What courts consider Across states, the universal factors include: 1. **Reason for the move** — job, education, family support, new spouse, escape from abuse 2. **Reason for any opposition** — genuine concern about parenting time vs vindictiveness 3. **Quality of life impact** on the child — better/worse schools, neighborhood, extended family 4. **Existing relationship** between the child and each parent 5. **Feasibility of preserving the non-moving parent's relationship** through extended summers, holidays, video calls, travel 6. **Child's preferences** if old enough 7. **The proposed parenting schedule** post-move ## Common reasons relocation is approved - **Better job opportunity** — significant income, career advancement - **Family support network** — moving near grandparents, siblings - **Educational opportunity** — for a parent or child - **Military orders** — service members usually get expedited approval - **Domestic violence escape** — courts strongly favor protecting the abused parent and child - **Remarriage** — combined household typically a factor ## Common reasons relocation is denied - **No real reason** beyond convenience or whim - **Apparent purpose to interfere** with non-moving parent's relationship - **Move that severely disrupts established schooling, therapy, special needs services** - **Move to a place where parenting-time arrangement isn't realistic** - **History of relocation by the same parent** to evade prior orders ## Pre-emptive relocation provisions Many parenting plans include a **geographic restriction** ("the children's primary residence shall be within X county / school district / 50-mile radius"). If you have such a clause, moving outside it without court approval is a violation that can result in custody being changed. ## Process for getting approval 1. **Notify the other parent in writing** — using the state's required form/timeline 2. **Try to negotiate a new parenting plan** — courts strongly prefer parental agreements 3. **If no agreement, file a petition** to modify the parenting order 4. **Mediation** — required in most jurisdictions before the judge hears it 5. **Hearing** — both sides present evidence, judge applies the statutory factors 6. **Order** — granting move with new parenting schedule, OR denying move ## What happens if you move without approval Moving without complying with the relocation rules can result in: - **Court orders requiring return** of the child - **Change of custody** to the non-moving parent - **Contempt of court** — fines, attorney fees, possible jail - **Loss of credibility** in any future custody dispute Don't move first and ask for forgiveness later — the costs are too high. ## Special considerations **Domestic violence.** Most states have expedited or simplified relocation rules when the moving parent and child are escaping abuse. Document the abuse and seek a protective order alongside the relocation request. **Military deployment.** SCRA (federal Servicemembers Civil Relief Act) protects military parents from custody changes solely due to deployment. **International relocation.** International moves face additional scrutiny — Hague Convention countries vs non-Hague countries; passport restrictions; bonding requirements. ## What you should do If you're considering a move with your child in South Dakota, get a family-law attorney involved BEFORE you commit to a job, sign a lease, or pull the child from school. Most South Dakota family-law attorneys offer paid initial consultations and can run a realistic case-strength assessment for $200-$500. Once you're committed to the move, your leverage drops. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Relocation cases are intensely fact-specific. Talk to a licensed South Dakota family-law attorney about your specific situation.*