• Non-custodial parents need parenting time with their children.child and father image by Renata Osinska from Fotolia.com
  
  South Dakota visitation laws mandate that the non-custodial parent in a divorce or paternity case is entitled to reasonable and regular visitation. South Dakota law refers to visitation as parenting time, emphasizing the principle that a parent is not a mere visitor in the life of her child but a vital contributor to the child's upbringing. There are occasions in which either the custodial or non-custodial parent must cancel a scheduled visitation, however. State law and the South Dakota Supreme Court Visitation Guidelines have established procedures for canceling a child visitation.
  
  

Prior Notice

• Whether the custodial or non-custodial parent needs to cancel a scheduled child visitation, the parent must provide the other party with reasonable advance notice. The parent who cancels a scheduled child visitation "shall act in good faith and give as much notice as circumstances permit," according to the South Dakota Supreme Court Visitation Guidelines. There is no specific definition of "good faith" or "circumstances permit" in the guidelines. Both principles are considered on a case-by-case basis.
  
  

Make Up Visitation

• If a scheduled visitation must be canceled for a legitimate reason, "a mutually agreeable substituted visitation date shall be arranged, as quickly as feasible," according to the guidelines. The guidelines further mandate that missed visitations should not accumulate in an "unreasonable" manner. The Supreme Court does not define "unreasonable" specifically and the number of missed visitations deemed unreasonable is determined in each individual case.
  
  

Multiple Children

• South Dakota family law and the court's guidelines state a preference that all children in a family be on the same visitation schedule whenever possible. The law recognizes that adjustments need to be made for infants, who may require a more limited visitation schedule. Additionally, the law allows for deviations for adolescents, who have a legitimate need to spend time with their peers and to engage in different activities outside the family circle.
  
  Understanding these preferences, a visitation cancellation must take into account the specific needs of all children in a family. Makeup visitation must be crafted in such a manner to permit the non-custodial parent the opportunity to spend appropriate time with all children in a family.
  
  

Expert Assistance

• Court intervention becomes necessary if a parent continually attempts to alter the visitation schedule established by the court. When seeking a court order to enforce or otherwise address the issue of visitation cancellation, legal representation is needed. The State Bar of South Dakota maintains a directory of attorneys in different practice areas, including family law.
  
  State Bar or South Dakota
  222 E. Capitol Ave.
  Pierre, SD 57501-2596
  605-224-7554
  sdbar.org