Legal Opinion · Dissent

Moser v. Moser

South Dakota Supreme Court

Decided June 16, 1966No. File 10184Published

1DissentHanson, Judge

An application for modification of child custody is addressed to the sound and broad discretion of the trial court and its discretion should not be disturbed on appeal unless the record reflects a clear abuse of that discretion. No abuse of discretion whatsoever is evident in this case and I am, therefore, unable to concur in a reversal.

According to SDC 14.0724 the trial court is vested with continuing authority before or after judgment to "give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate or…

2Cases cited7 opinions

  1. Foster v. FosterCalifornia Supreme Court · 1937
  2. Gonyea v. GonyeaOregon Supreme Court · 1962
  3. King v. KingWisconsin Supreme Court · 1964
  4. Dotsch v. GrimesCalifornia Court of Appeal · 1946
  5. Greenleaf v. GreenleafSouth Dakota Supreme Court · 1894

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