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MELDRUM v. NOVOTNY

No. 20791.

599 N.W.2d 651 (1999)

Timothy D. MELDRUM, Sr., Individually and as the Biological Parent and Natural Guardian of T.D.M., Jr., Plaintiff and Appellee, v. Charles NOVOTNY, Defendant and Appellant, and T.D.M., JR., Intervenor.

Supreme Court of South Dakota.

Decided September 22, 1999.

Attorney(s) appearing for the Case

J.M. Grossenburg, Winner, for appellee.

Rick Johnson of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, for appellant.

Steven R. Smith of Andera & Smith Law Offices, Chamberlain, for intervenor.

KONENKAMP, Justice.

[¶ 1.] This is a child custody dispute between the mother's boyfriend and the biological father. T.M., a nine-year-old, had been living with his mother and her boyfriend for six years. After the mother was killed in an automobile accident, the boyfriend, who had been caring for the child, sought to obtain custody. The circuit court declined to appoint an attorney for the child. Following its decision granting custody to the biological father...

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