Shelstad v. ShelstadAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court granting Father's motion to modify custody to award him primary physical custody of the parties' minor children, holding that the record supported the court's decision to award primary physical and legal custody to Father.
In 2014, the circuit court entered a judgment and decree of divorce based on irreconcilable differences. The judgment and decree incorporated the parties' stipulation providing that Mother would have primary physical custody of the parties' children. In 2016, Father filed a motion for primary physical custody of the children. The circuit court held that the best interest of the children would be served by modifying the judgment and decree of divorce to award primary physical and legal custody of the children to Father. The Supreme Court affirmed, holding that the circuit court (1) had subject matter jurisdiction to determine custody; (2) did not err in concluding that Father did not have a history of domestic abuse; (3) did not err in determining that Father overcame the presumption under S.D. Codified Laws 25-4-45.5; and (4) did not abuse its discretion in awarding primary physical custody to Father.