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MEDEARIS v. WHITING

No. 23235.

695 N.W.2d 226 (2005)

2005 SD 42

Cody MEDEARIS & Cheryl Medearis, Plaintiffs and Appellees, v. Sherri WHITING, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned on February 3, 2005.

Decided March 23, 2005.

Attorney(s) appearing for the Case

Al Arendt, Pierre, South Dakota, Attorney for plaintiffs and appellees.

B.J. Jones, Rapid City, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice (on reassignment).

[¶ 1.] Cheryl Medearis (Grandmother) petitioned the circuit court to obtain visitation rights with her four-year-old grandson, C.W. Although C.W.'s mother objected, the trial court granted visitation. Because the trial court's application of the grandparent visitation statute violated the mother's due process rights under Troxel v. Granville, 530 U.S. 57

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