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HATHAWAY v. BERGHEIM

No. 22020.

648 N.W.2d 349 (2002)

2002 SD 78

Heather HATHAWAY, f/k/a Heather Bergheim, Plaintiff and Appellee, v. Jody M. BERGHEIM, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned May 22, 2002.

Decided July 2, 2002.

Attorney(s) appearing for the Case

John S. Theeler, Trudy A. Morgan of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for plaintiff and appellee.

Wilson M. Kleibacker of Lammers, Lammers & Kleibacker, Madison, South Dakota, Attorneys for defendant and appellant.

SABERS, Justice (on reassignment).

[¶ 1.] Jody Bergheim filed a motion seeking custody of his eight-year-old son, Christian. The trial court denied the motion, determining that Christian should remain with his mother, Heather Hathaway. Jody appeals and we affirm.

FACTS

[¶ 2.] Heather and Jody grew up in Madison, met in high school, and married in 1990. He farmed and worked for a livestock auction business. She worked in a grocery store...

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