Van Driel v. Van Driel
South Dakota Supreme Court
525 N.W.2d 37 (1994)
After James and Lori Ann (parties) divorced with joint custody, Lori Ann began a committed relationship with a female partner, prompting James (plaintiff) to petition for full custody, arguing the relationship was immoral and would cause the children to be ridiculed or react negatively as they matured. A court-retained psychologist recommended Lori Ann receive physical custody, and the record showed Lori Ann and her partner were discreet, good parents with no evidence of childhood ridicule or negative reactions, and the children preferred living with Lori Ann; the trial court awarded her primary physical custody, and James appealed.
Whether the moral or sexual conduct of a parent must be shown to have a harmful effect on the child in order for the conduct to affect that parent's custody rights.