Medearis v. Whiting

Summary

The Supreme Court of South Dakota reversed an order granting a grandmother visitation with her grandson under SDCL 25-4-52. The court held that the trial court's presumption favoring grandparent visitation improperly shifted the burden of proof and failed to give special weight to the fit mother's decision, violating the due process principles recognized in Troxel v. Granville. A dissent would have affirmed the supervised visitation order.

Holdings

1. A court may not presume that grandparent visitation is in the child's best interests or place on a fit parent the burden of disproving that visitation would be beneficial. The grandparent bears the statutory burden of proving the required elements.
2. When a fit parent's decision concerning grandparent visitation is subject to judicial review, the court must accord that decision at least some special weight or deference. The circuit court violated due process by giving Whiting's determination no special weight.

Questions Presented

1. Whether the circuit court unconstitutionally presumed that grandparent visitation was in the child's best interests, thereby improperly shifting the burden to the fit parent.
2. Whether the circuit court violated the mother's due process rights by failing to accord special weight or deference to her decision concerning visitation and the reintroduction of the child to the father's family.

Disposition

reversed