TODD v. POCHOP

No. 14578.

365 N.W.2d 559 (1985)

Marietta Pochop TODD, Petitioner and Appellant, v. Roger A POCHOP, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 20, 1985.


Attorney(s) appearing for the Case

Gary F. Colwill of Schmidt, Schroyer, Colwill & Zinter, P.C., Sp. Asst. Atty. Gen., Pierre, for petitioner and appellant.

Joseph E. Ellingson of Tobin Law Offices, P.C., Winner, for respondent and appellee.


FOSHEIM, Chief Justice.

This is our first encounter with the issue raised by this appeal. It is whether a custodial parent's failure or refusal to provide a noncustodial parent with visitation rights may be raised as an equitable defense in a Uniform Reciprocal Enforcement of Support Act (URESA) action. SDCL ch. 25-9A. The trial court held that it was. We reverse.

In view of our holding, we do not deem a full recitation of the facts particularly relevant or...

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