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460 N.W.2d 161

Yarnall v. Yarnall

South Dakota Supreme Court

Decided August 29, 1990

South Dakota Supreme Court · decided 1990-08-29

Cited by 5 later decisions — most recently August 2000

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1990-08-29

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HENDERSON, Justice

¶1(concurring in result).

¶2I concur in the result of this opinion, i.e., that the trial court should be affirmed as this mother, through her hatred towards the father, has damaged these children. Further emotional damage would result if this conduct and attitude was not deterred. “Honor thy father and mother,” one of the Ten Commandments, is unknown to her in real life application. Exodus, ch. 20, v. 12. Indeed, it was for the best interests of these children to be awarded to the father. Love — not hatred — should be the credo of parents to their offspring. “Like arrows are in the hand of the warrior, are the sons [children] of one’s youth. Happy the man [woman] whose quiver is filled with them.” Psalm 127:3-5.

¶3I cannot agree, however, with the continued approval of Kolb, and its progeny, as a continuing theory of evidentiary proof, for all of those reasons cited in my dissent therein. Kolb and its progeny is, in my opinion, bad law.

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