(specially concurring).
I specially concur. Appellant has filed a Notice of Appeal from a judgment consisting of findings of fact and conclusions of law pertaining to “refusing to grant certain requested relief.” Inter alia, a request *815was made, as I read this case, for modification of child custody to provide for joint custody.
Concerning the child custody matter, the trial court apparently was taken with the evidence which demonstrated that the mother/appellant had voluntarily surrendered custody of these children to the father. Mother was experiencing difficulty with controlling the son, Travis, and by her own lips, cannot manage the girl, Molly. When it was dark, the children were literally dumped off upon the father and clothes were thrown out on a parking lot. Screaming, the little girl told her father that her mommy had kicked her out. Appellant also told the father/appellee “You got them, they are in your custody from now on.” The record suggests that the mother had made some threats on the children’s lives and certain documents were prepared at the State’s Attorney’s Office whereby she was incarcerated overnight.
Under all of these circumstances, Circuit Judge James W. Anderson entered findings of fact and conclusions of law which denied joint custody sought by the mother. We should not seek the reason to reverse here. But, rather, affirm the custody decision. It was in the best interests of the children. Though I dissented in the decision in Kolb v. Kolb, 324 N.W.2d 279 (S.D.1982), it would appear that said case is proper precedent herein. This judge made an in-depth inquiry focusing directly on the best interests of the children. The original divorce hearing did not try the ease on the evidence.
As regards the scope of review, the best interests of the child would then evolve into an overview by this Court as to whether the trial court abused its discretion. In my opinion, it did not under the few facts which I have mentioned above. Hood v. Hood, 335 N.W.2d 349 (S.D.1983).
This takes us to the second aspect of this case which is simply this: Can a mother, who voluntarily surrenders two children to the father, thus becoming a non-custodial parent, receive child support because she, occasionally, feeds the children a few evening meals? Obviously, she wants to keep in contact with them and maintain some type of relationship. This is good. But to award her child support, as a non-custodial parent, would absolutely implant uncertainty, confusion, if not furor, into the law of domestic relations concerning child support.* Surely, the trial courts of this state have the power to modify child support obligations. SDCL 25-4-45. Upon the trial court’s shifting custody of these children, via court order, from mother to the father, the purpose of payment of child support is simply not there; it is terminated. I agree that the request for attorney’s fees on appeal should be denied, as they are not warranted under these circumstances and Judy was not the prevailing party.
“Child support typically consists of cash payments from the noncustodial parent to the custo-dialparent." 2 J. Atkinson, Modern Child Custody Practice, § 10.05 (1986) (emphasis added).