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Jones v. Jones | 542 N.W.2d 119 (1996)
It’s well established that the children’s best interest forms the cornerstone of custody judgments. However, determining what is in the children’s best interest often requires a more in-depth analysis. In the nineteen ninety-six South Dakota case of Jones versus Jones, we examine the role race may play in such a determination.
Kevin and Dawn Jones were married in nineteen eighty-nine in South Dakota. Dawn was Caucasian, and Kevin, a Native American, was active in his tribe and family farming business. Dawn was primarily a homemaker. Kevin mainly worked construction. The couple had three kids, and, at some point after their marriage started to deteriorate, they sought a divorce in trial court.
The court granted the divorce and awarded both parents joint custody, with primary physical custody awarded to Kevin. Dawn appealed to the state supreme court, claiming that the primary physical custody determination unlawfully considered race and thus violated her equal-protection rights.
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