South Dakota Court Case: D.G. v. D.M.K.

D.G., Plaintiff and Appellant, v. D.M.K., a/k/a D.M., Defendant and Appellant. 

SUPREME COURT OF SOUTH DAKOTA 

1996 SD 144; 557 N.W.2d 235

October 24, 1996, ARGUED 

December 31, 1996, FILED 

APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT. PENNINGTON COUNTY, SOUTH DAKOTA. HONORABLE ROLAND E. GROSSHANS, Judge. 

Affirmed in part, reversed in part and remanded. 

COUNSEL:
KENNETH E. JASPER, Rapid City, South Dakota, Attorney for plaintiff and appellant D.G.

DEBRA D. WATSON of Watson Law Office, Rapid City, South Dakota, Attorneys for defendant and appellant D.M.K.

LARRY PLANK, Black Hills Legal Services, Rapid City, South Dakota, Attorney for appellee C.K. a/k/a C.G., Minor Child. 

JUDGES:
MILLER, Chief Justice. SABERS, AMUNDSON, and GILBERTSON, Justices, and TUCKER, Circuit Judge, concur. TUCKER, Circuit Judge, sitting for KONENKAMP, Justice, disqualified. 

OPINIONBY:
MILLER 

OPINION:

MILLER, Chief Justice. 
In this action the trial court, on motion of Mother's former boyfriend, adopted the "equitable parent doctrine" and found boyfriend to be the "legal" father of Mother's child. The judge placed physical custody of the child with Mother and gave visitation to the equitable father. Both parties appeal. We affirm in part, reverse in part, and remand.
FACTS AND PROCEDURAL HISTORY 
Mother met boyfriend (D.G.) either in October 1990 or in February 1991. n1 They eventually began living together at D.G.'s residence in Rapid City, South Dakota, but never married. On August 6, 1991, Mother gave birth to a daughter, C.M. (Child). D.G. was present for the birth and helped Mother choose a name for the child. No father was listed on Child's birth certificate. She was given Mother's surname. 

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n1 The parties dispute when they first met. D.G. contends he met Mother in October, 1990. Mother contends they met on Valentine's Day, February 14, 1991. The trial court made no specific finding concerning the date the couple first met.

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Following Child's birth, Mother and D.G. continued to live together for approximately seven months. During this time, D.G. financially supported Mother and Child, as well as providing assistance for Mother's two teenage sons from a previous marriage. In March of 1992, Mother and D.G.'s relationship began to deteriorate. Mother and Child moved to an apartment in Rapid City. They then moved to a trailer home owned by D.G. in nearby Black Hawk, before moving to another apartment in Rapid City. During this time, D.G. had sporadic contact with Child and provided some financial support to Mother.