Parent v Non-Parents Custody Dispute

 The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Parent prevails over Non-Parents in custody dispute; Summary follows: MELIUS v. SONGER, 2025 S.D. 51: This is an extended and bitter custody dispute between the child’s biological father and the child’s uncle (mother’s brother) and aunt. The trial court awarded primary custody to Father, but also awarded visitation rights to Uncle and Aunt. The resolution of this appeal generated 35 pages of opinions. The Court affirmed the award of primary custody to Father, but reversed the award of visitation rights to Uncle and Aunt. The Court’s Opinion is authored by Justice Myren. Justice Kern dissents on the issue of visitation rights, indicating that she would affirm those rights as afforded to Uncle and Aunt. The trial court’s assessment of attorney fees of $3,992.59 against Father was reversed and remanded for recalculation. Chief Justice Jensen dissented on the attorney fee disposition, indicating that the full award should remain intact. This decision provides an extensive analysis of the rules regarding “parent v non-parent” custody decision-making and also a discussion of the possible application of the the Indian Child Welfare Act (ICWA). Justices Salter and DeVaney fully agreed with Justice Myren’s Opinion. This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .