Arneson v. Arneson
South Dakota Supreme Court
670 N.W.2d 904 (2003)
Travis (plaintiff), who has cerebral palsy and uses attendants for daily care, and Teresa (defendant) disputed custody of their young daughter; a court-appointed social worker's concerns about Travis's ability to respond quickly in emergencies were based on direct observation rather than assumptions about his disability, and the trial court weighed this alongside factors like parental stability and the child's attachment to her primary caretaker, ultimately awarding Teresa primary physical custody.
Whether courts must consider the effect of a parent's disability on factors relevant to a child's best interest in determining custody, without undue weight or presuming disability necessarily limits parenting ability.