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FEIST v. LEMIEUX-FEIST

No. 25530.

793 N.W.2d 57 (2010)

2010 S.D. 104

Leon R. FEIST and Becky Lemieux-Feist, Petitioners and Appellees, v. Zachary E. LEMIEUX-FEIST, Respondent, and Ashley Fousek, Respondent and Appellee, and State of South Dakota, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Debra D. Watson of Watson Law Office, P.C., Rapid City, South Dakota, Attorney for petitioners and appellees Feist & Lemieux-Feist.

Courtney R. Stottler , Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, P.C., Hot Springs, South Dakota, Attorneys for respondent and appellee Fousek.

Marty J. Jackley , Attorney General, Kirsten E. Jasper , Assistant Attorney General, Pierre, South Dakota, Attorneys for intervenor and appellant.

MEIERHENRY, Justice.

[¶ 1.] We must decide in this case whether South Dakota's third party custody statutes are constitutional. The two statutes in question are SDCL 25-5-29 and 25-5-30. The circuit court found these statutes unconstitutional because they do not specifically require "a finding of parental unfitness prior to awarding custody to a non-parent." We hold that the statutes can be construed constitutionally, and therefore, the circuit court must be...

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