December 31, 2010 11:07 AM
S.D. High Court Backs Grandparent Child Custody
Posted by CBSNews.com wire services
South Dakota laws that allow grandparents and others to gain custody of children who aren't theirs are constitutional, the state Supreme Court said Thursday in a ruling that gives a couple another chance to seek custody of their 4-year-old granddaughter.
A circuit judge had thrown out the couple's request after ruling that state laws on the issue were unconstitutional because they allow courts to give others custody without first finding a child's parents unfit.
But the Supreme Court said the laws can stand because they require judges to give special consideration to fit parents. The laws presume it's in a child's best interest to be in the care and custody of a parent unless that parent is unfit or extraordinary circumstances exist, the high court said. FULL STORY
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