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CURREY v. CURREY

No. 22184.

650 N.W.2d 273 (2002)

2002 SD 98

Constance R. CURREY, Plaintiff and Appellee, v. Shawn M. CURREY, Defendant and Appellant, Marvin Currey and Darlene Currey, Intervenors and Appellants.

Supreme Court of South Dakota.

Decided August 7, 2002.

Attorney(s) appearing for the Case

Wilson Kleibacker of Lammers, Lammers & Kleibacker, L.L.P., Madison, for plaintiff and appellee.

Thomas J. Linngren of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, for defendant and appellant and intervenors and appellants.

SABERS, Justice.

[¶ 1.] Marvin and Darlene Currey (Grandparents) sought a modification of visitation rights with their two grandchildren, the children of their son, Shawn Currey, and his ex-wife, Connie. Connie answered and countered to terminate the visitation rights of Grandparents. The trial court determined that (1) SDCL 25-4-52, which provides for grandparent visitation, was unconstitutional and (2) terminated Grandparents' visitation rights. Grandparents...

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