custody hearing (South Dakota) · Go Syfert
← South Dakota issues

custody hearing in South Dakota

7 South Dakota opinions name it 1 courts 1982–2022 1 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Nickles v. Nicklesgreen
sd · 2015 · cited in 2 South Dakota opinions naming this issue, 2018–2018
2 sentences

2018Streier, 2016 S.D. 71 , ¶ 25, 886 N.W.2d at 581 (quoting Nickles v. Nickles, 2015 S.D. 40 , ¶ 34, 865 N.W.2d 142, 154 ). [¶33.] In its analysis of the reasonableness of the award, the court emphasized that James increased the time, labor, and skill necessary to prepare for the custody hearing, that he “complicated the nature of the legal problems,” and that he “unreasonably increased the time spent” on the case.

2018Streier , 2016 S.D. 71 , ¶ 25, 886 N.W.2d at 581 (quoting Nickles v. Nickles , 2015 S.D. 40 , ¶ 34, 865 N.W.2d 142 , 154 ). [¶ 33.] In its analysis of the reasonableness of the award, the court emphasized that James increased the time, labor, and skill necessary to prepare for the custody hearing, that he "complicated the nature of the legal problems," and that he "unreasonably increased the time spent" on the case.

22
Wells v. Wellsgreen
sd · 1990 · cited in 2 South Dakota opinions naming this issue, 2001–2001
2 sentences

2001Furthermore, at the time of the initial custody hearing on which Keckler relies, the tribal court found that Keckler was “a resident of Spearfish, South Dakota which is outside the jurisdiction of [the tribal] court.” When tribal members reside outside the reservation, they are generally subject to “nondiscriminatory state law.” Wells v. Wells, 451 NW2d 402, 405 (SD 1990).

2001Furthermore, at the time of the initial custody hearing on which Keckler relies, the tribal court found that Keckler was “a resident of Spearfish, South Dakota which is outside the jurisdiction of [the tribal] court.” When tribal members reside outside the reservation, they are generally subject to “nondiscriminatory state law.” Wells v. Wells, 451 N.W.2d 402, 405 (S.D. 1990).

22
Schieffer v. Schieffergreen
sd · 2013 · cited in 1 South Dakota opinions naming this issue, 2022–2022
2 sentences

2022See Schieffer v. Schieffer, 2013 S.D. 11, ¶ 18 , 826 N.W.2d 627, 634 (describing the need for a systematic and balanced approach to a court’s custody analysis).

2022See Schieffer v. Schieffer, 2013 S.D. 11, ¶ 18 , 826 N.W.2d 627, 634 (describing the need for a systematic and balanced approach to a court’s custody analysis).

11
Stansbury v. Californiagreen
scotus · 1994 · cited in 1 South Dakota opinions naming this issue, 2008–2008
2 sentences

2008See Stansbury, 511 U.S. at 323 , 114 S.Ct. at 1529 , 128 L.Ed.2d 293 (reiterating that an interrogating officer’s subjective view is irrelevant to the custody analysis). [¶ 30.] The officers were in the process of determining what was going on in the premises, who was involved in it, and whether anyone was in need of emergency assistance.

2008See Stansbury, 511 U.S. at 323 , 114 S.Ct. at 1529 , 128 L.Ed.2d 293 (reiterating that an interrogating officer’s subjective view is irrelevant to the custody analysis). [¶ 30.] The officers were in the process of determining what was going on in the premises, who was involved in it, and whether anyone was in need of emergency assistance.

11
Brim v. Struthersgreen
wash · 1954 · cited in 1 South Dakota opinions naming this issue, 1982–1982
2 sentences

1982See Brim v. Struthers, 44 Wash.2d 833 , 271 P.2d 441 (1954).

1982See Brim v. Struthers, 44 Wash.2d 833 , 271 P.2d 441 (1954).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Streier v. Pike neutral
sd · 2016
2 sentences

2018Streier, 2016 S.D. 71 , ¶ 25, 886 N.W.2d at 581 (quoting Nickles v. Nickles, 2015 S.D. 40 , ¶ 34, 865 N.W.2d 142, 154 ). [¶33.] In its analysis of the reasonableness of the award, the court emphasized that James increased the time, labor, and skill necessary to prepare for the custody hearing, that he “complicated the nature of the legal problems,” and that he “unreasonably increased the time spent” on the case.

2018Streier , 2016 S.D. 71 , ¶ 25, 886 N.W.2d at 581 (quoting Nickles v. Nickles , 2015 S.D. 40 , ¶ 34, 865 N.W.2d 142 , 154 ). [¶ 33.] In its analysis of the reasonableness of the award, the court emphasized that James increased the time, labor, and skill necessary to prepare for the custody hearing, that he "complicated the nature of the legal problems," and that he "unreasonably increased the time spent" on the case.

22018–2018

Statutes the citing opinions construe

SD § S.D. Codified Laws § 15-17-38 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 324 (1961–2026) NY 102 (1977–2026) AL 91 (1996–2026) IL 69 (1968–2025) CA 61 (1948–2024) OH 60 (1997–2026) MI 53 (1958–2026) TX 42 (1990–2026) NC 40 (1978–2024) MD 35 (1970–2025) LA 34 (1972–2020) CT 34 (1982–2026) IN 31 (1990–2026) NJ 30 (1953–2026) UT 23 (1980–2026) CO 23 (1970–2026) NM 23 (1981–2025) FL 20 (1975–2017) MS 20 (1995–2026) DC 17 (1978–2016) VA 17 (1993–2026) TN 16 (1990–2024) MT 15 (1977–2012) NV 15 (1972–2025) MA 15 (1990–2025) WA 14 (1951–2026) VT 14 (1990–2025) NE 14 (1979–2025) GA 13 (1962–2024) AK 13 (1981–2020) WI 13 (1962–2026) MN 12 (1985–2026) MO 11 (1980–2018) SC 10 (1993–2021) IA 10 (2004–2023) ME 9 (1998–2022) KS 9 (2007–2025) KY 8 (2006–2025) ND 8 (1991–2003) DE 8 (1995–2026) AR 7 (1981–2019) HI 7 (1996–2022) SD 7 (1982–2022) AZ 7 (1994–2026) ID 7 (1969–2022) NH 7 (1999–2023) RI 6 (1997–2022) WY 6 (1998–2022) OR 4 (1987–2005) WV 3 (1968–2019) OK 2 (1977–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check