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FUERSTENBERG v. FUERSTENBERG

No. 20300.

591 N.W.2d 798 (1999)

1999 SD 35

Glenn FUERSTENBERG, Plaintiff and Appellee, v. Jill FUERSTENBERG, n/k/a Jill Harberts, Defendant and Appellant.

Supreme Court of South Dakota.

March 24, 1999.

Attorney(s) appearing for the Case

Mary Ann Giebink, Gary W. Conklin of Galland Legal Clinic, Sioux Falls, South Dakota, for plaintiff and appellee.

Richard L. Johnson, Sioux Falls, South Dakota, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] If a child has lived out-of-state with his mother for ten years following a divorce, may the court that granted the initial custody decree rule on a request for modification from the father who still lives in state? The mother appeals the circuit court's refusal to decline jurisdiction and its order changing physical custody. Because the circuit court entered the initial custody decree and thereafter continued to hear, without objection...

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