Mellema v. Mellema

SABERS, Justice

(dissenting).

I dissent.

I find more support in the record for the trial court’s statements that plaintiff was a “stinker,” a “dictator,” and a “selfish” and “insolent” father than I do for the statement that he was a “decision maker.” Even if he was a “decision maker,” as opposed to a “dictator,” the best interests of the children were not served by giving him physical custody. The Mother is immature but can improve. The Father’s character traits are already mature enough to only worsen with age. In the meantime, I fear those traits will harm the children. This was a clear abuse of discretion. Herndon v. Herndon, 305 N.W.2d 917 (S.D.1981).