Mayer v. Mayer

(specially concurring).

This author does not subscribe to the views expressed in the majority opinion in Kolb v. Kolb, 324 N.W.2d 279, as cited in the majority opinion under Standard of Review. Rather, this author still hew to the rule enunciated in Sneesby v. Davis, 308 N.W.2d 565 (S.D.1981) and Masek v. Masek, 90 S.D. 1, 237 N.W.2d 432 (1976), that the applicant seeking custody modification must prove (1) a substantial and material change in circumstances since the decree of divorce was entered, and (2) the welfare and best interests of the child require the modification being sought.

In…