Opinion

Fuerstenberg v. Fuerstenberg

  • 591 N.W.2d 798
  • 1999 SD 35
  • 1999 S.D. LEXIS 43
Court
South Dakota Supreme Court
Filed
Mar 24, 1999
Status
Published
Author
Sabers
On the bench
Konenkamp, Miller, Amundson, Gilbertson, Sabers
Cited by
71 cases
Authority
More cited than 0.2%

holding “[c]hild custody disputes should not be decided solely on a listing of faults ascribed to one parent or on the petty and often extraneous quarrels between former spouses[,]” but rather utilize “a balanced and systemic approach” under the best interests standard

How later courts described this case

  • holding “[c]hild custody disputes should not be decided solely on a listing of faults ascribed to one parent or on the petty and often extraneous quarrels between former spouses[,]” but rather utilize “a balanced and systemic approach” under the best interests standard
  • outlining several factors to govern a trial court’s best-interests custody determination in the absence of specific factors mandated by statute
  • delineating traditional child custody factors

Written by the judges who cited it.

The opinion

SABERS, Justice

(concurring in result).

[¶ 39.] I concur in result of a reversal and remand for a new hearing because siblings, even half siblings, should not be separated absent compelling reasons. Here, it appears that there are no compelling reasons to separate these half siblings. Mayer v. Mayer, 397 N.W.2d 638, 642 (S.D.1986) (citations omitted).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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