Howlett v. Stellingwerf
Annotate this Case
The Supreme Court reversed the circuit court’s order granting full primary physical custody of Father’s minor child to the child’s maternal grandmother (Grandmother), holding that the circuit court erroneously analyzed the custody dispute using the factors set forth in Fuerstenberg v. Fuerstenberg, 591 N.W.2d 798 (S.D. 1999), which apply only in cases between parents.
The circuit court applied factors taken from Fuerstenberg to the evidence and awarded Grandmother full physical custody of the child, while granting Father liberal visitation rights. The Supreme Court reversed and remanded the case, holding (1) Grandmother possessed standing as a nonparent seeking custody due to extraordinary circumstances; (2) the circuit court erroneously applied the Fuerstenberg factors; and (3) a clearer examination of the circumstances warranting a grant of custody to grandmother under S.D. Codified Laws 25-5-29 and 25-5-30 was required.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.