Radigan v. Radigan

ISSUE ONE

I concur. Appellee was destitute; she wanted to leave Germany with the children *488of the marriage. She signed an agreement under duress and without knowing her rights. She was physically and emotionally abused and not in a free, open, and voluntary mental state when she signed an exec-utory contract. Nor was she represented by counsel. Child custody and property settlement agreements are not, per se, binding upon the trial courts in South Dakota. Rather, they are evidence which may be considered. McGee v. McGee, 415 N.W.2d 812 (S.D.1987). No abuse of discretion.

ISSUE TWO

I respectfully…