Legal Opinion

Fuerstenberg v. Fuerstenberg

South Dakota Supreme Court

Decided March 24, 1999No. NonePublishedCited by 85 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] If a child has lived out-of-state with his mother for ten years following a divorce, may the court that granted the initial custody decree rule on a request for modification from the father who still lives in state? The mother appeals the circuit court’s refusal to decline jurisdiction and its order changing physical custody. Because the circuit court entered the initial custody decree and thereafter continued to hear, without objection, custody and visitation disputes between the parents, even though the mother and child lived out-of-state, we conclude the court did…

2Cases cited48 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. Garska v. McCoyWest Virginia Supreme Court · 1981
  3. Hanks v. HanksSouth Dakota Supreme Court · 1980
  4. Saint-Pierre v. Saint-PierreSouth Dakota Supreme Court · 1984
  5. Masek v. MasekSouth Dakota Supreme Court · 1975

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3Cited by85 opinions

  1. In the Interest of D.R.L.M.Court of Appeals of Texas · 2002
  2. Arneson v. ArnesonSouth Dakota Supreme Court · 2003
  3. Zepeda v. ZepedaSouth Dakota Supreme Court · 2001
  4. Schieffer v. SchiefferSouth Dakota Supreme Court · 2013
  5. Kreps v. KrepsSouth Dakota Supreme Court · 2010

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