Nemec v. Goeman
2012 SD 14
| S.D. | 2012Background
- Parents never married and have three children born in 2001–2003; they separated in 2007 with the children in Pierre and later moved to Sioux Falls for Mother.
- Mother has a history of limited contact and care for the children; Father maintained contact when sober and provided financial support after guardianship began.
- Father previously pleaded guilty to simple assault (2005) and disorderly conduct (2006); Mother obtained a protective order against Father in May 2007.
- In 2008, after a car accident, Father reformed his life; LaDene (Father’s mother) provided substantial care and paid for some visits; Father began paying child support to the State.
- In 2008 LaDene petitioned for guardianship due to concerns about Mother’s care; guardianship granted in September 2008 but no explicit finding on Mother’s fitness.
- Mother appealed the guardianship ruling; in June 2010 this Court reversed, granting Mother primary physical custody; Father began limited contact until a custody petition was filed.
- In January 2011 the circuit court granted Father primary physical custody; this appeal challenges whether evidence pre-August 2008 was properly considered and whether Father rebutted the presumption against his custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-2008 evidence admissibility for fitness | Nemec | Goeman | Not barred; pre-2008 evidence permissible for best interests. |
| Presumption rebuttal under SDCL 25-4-45.5 | Nemec rebuts presumption with evidence of improvement | Goeman contends insufficient rebuttal | Court properly found presumption rebutted; custody to Father is in best interests. |
Key Cases Cited
- Olson v. Olson, 552 N.W.2d 396 (S.D. 1996) (reiterates custody decisions should consider best interests anew in evolving circumstances)
- Stavig v. Stavig, 774 N.W.2d 454 (S.D. 2009) (presumption analysis; substantial credible evidence required to rebut presumption)
- People ex rel. L.S., 721 N.W.2d 83 (S.D. 2006) (res judicata in child custody; child welfare considerations are fluid)
- Barnes v. Matzner, 661 N.W.2d 372 (S.D. 2003) (claim preclusion; issues that could have been raised may be barred)
- Guardianship of S.M.N., 781 N.W.2d 213 (S.D. 2010) (guardianship context; best interests standard influence on custody rulings)
- Pietrzak v. Schroeder, 759 N.W.2d 734 (S.D. 2009) (standard of review for factual findings; deference to trial court credibility determinations)