Supreme Court of South Dakota
632 N.W.2d 48 (S.D. 2001)
Jorge Zepeda (plaintiff) and Renee Zepeda (defendant) were married. Jorge worked full-time, and Renee cared for the Zepedas’ child. While Jorge was at work, Renee engaged in cybersex with other men online. Renee also had an affair with another man. When the Zepedas’ child was two years old, Renee had sex with the other man in Renee and Jorge’s apartment while the child was asleep. Jorge filed for divorce. At trial, evidence indicated that Jorge and Renee were both loving parents and capable of adequately caring for the child. The trial court granted Jorge a divorce, ordered joint custody of the child, and awarded Renee primary physical custody of the child. Jorge appealed.
Rule of Law
Holding and Reasoning (Konenkamp, J.)
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