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PIETRZAK v. SCHROEDER

No. 24729.

759 N.W.2d 734 (2009)

2009 SD 1

Joleen Louise PIETRZAK, Plaintiff and Appellant, v. Michael W. SCHROEDER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 7, 2009.

Reheariing Denied February 12, 2009.

Attorney(s) appearing for the Case

Elizabeth A. Rosenbaum, Sioux City, Iowa, Attorney for plaintiff and appellant.

Dava A. Wantoch, Mitchell, South Dakota, Attorney for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Mike Schroeder filed a Petition for Change of Custody of his five-year-old son, Thomas. Custody of the child originally had been stipulated to by the parties. Mike alleged the conduct of the child's mother, Joleen Pietrzak, required a change in custody in order to serve Thomas's best interest and welfare. The trial court concluded a change in custody was required. We reverse.

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