25-7-6.28. Child residence with parent for a night--Residence for days.For the purposes of §§25-7-6.14 and 25-7-6.27, a child resides with a parent for a night if the child sleeps:(1)At the residence of that parent at night, whether or not the parent is present; or(2)In the company of the parent, if the child does not sleep at a parent's residence.If, in a calendar year, due to a parent's nighttime work schedule, a child resides with a parent for days, but not nights, the court may condition the abatement on the required days rather than nights. In those instances, on a school day, the child is treated as residing at the primary residence registered with the school. Source: SL 2009, ch 130, §11.
South Dakota Legal Code