Stavig v. Stavig

Summary

The Supreme Court of South Dakota affirmed an order changing primary physical custody of the parties' child from the mother to the father. The court held that the trial court did not abuse its discretion in determining that the child's best interests supported the change and that the evidence did not establish a history of domestic abuse creating a statutory presumption against awarding custody to the father. The opinion also addressed the civil presumption rule and the evidentiary significance of protection orders and allegations of domestic abuse.

Holdings

1. When a divorce judgment is based on the parties' agreement, a party seeking a subsequent custody modification need only show that the child's best interests and welfare require a change in custody; proof of a substantial change in circumstances is not necessary.
2. The evidence did not establish a history of domestic abuse under SDCL 25-4-45.5, and therefore the statutory rebuttable presumption that custody with the abusive parent is not in the child's best interest was not triggered.
3. The circuit court did not abuse its discretion in determining that Skyler's best interests supported Troy's primary physical custody.

Questions Presented

1. Whether the circuit court erred by changing primary physical custody from Jessica Stavig to Troy Stavig.
2. Whether the evidence established a history of domestic abuse sufficient to trigger the rebuttable presumption against awarding custody to Troy under SDCL 25-4-45.5.
3. Whether the circuit court abused its discretion in finding that Troy's primary physical custody served Skyler's best interests.

Disposition

affirmed