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SIMUNEK v. AUWERTER

No. 25792.

803 N.W.2d 835 (2011)

2011 S.D. 56

Jeremiah S. SIMUNEK, Plaintiff and Appellee, v. Ashley (Simunek) AUWERTER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 7, 2011.

Attorney(s) appearing for the Case

Terri L. Williams of Gunderson, Palmer, Nelson & Ashmore LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

Debra D. Watson , Rapid City, South Dakota, Attorneys for plaintiff and appellee.

ZINTER, Justice.

[¶ 1.] Ashley Auwerter (Mother) and Jeremiah Simunek (Father) married, had C.S.S. (Child), and later divorced. Mother and Father agreed to share legal custody, with Mother having primary physical custody. Shortly before Child entered kindergarten, Father moved to obtain primary physical custody. The circuit court granted Father's motion and Mother appeals. We affirm because the court's findings and conclusions reflect a balanced and systematic...

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