Masek v. Masek

I would reverse.

If reasons ever existed for awarding the children to defendant-father, as this court held in Masek v. Masek, 89 S.D. 62, 228 N.W.2d 334, then as I read the instant record those reasons no longer exist.1

The requirement that a substantial or material change of circumstances be demonstrated before a court may modify a custody order is a judicially created rule of expediency rather than a statutory requirement. Huckfeldt v. Huckfeldt, 82 S.D. *8344, 146 N.W.2d 57.2 Although the rule is based upon pragmatic, practical reasons, well expressed in the majority opinion herein and in the…