Chicoine v. Chicoine , 1992 S.D. LEXIS 3 ( 1992 )

WUEST, Justice

(concurring in part and dissenting in part).

I would affirm the trial court on all issues. The trial court did not clearly abuse its discretion in providing visitation to the mother. He did order no unrelated female could be present during visitation. Any violation of this order would be promptly discovered and the court could take appropriate action.

I do not have any problem with a home study in the proper case, but what would a home study accomplish in this case? The trial court already knew about her past homosexual activities.

It seems to me the trial court did its best in making a difficult decision. Perhaps I would have done differently, but that is not the test. We should not be fine tuning divorce cases by substituting our judgment for that of the trial court. The trial court having observed the parties, and having heard the evidence, is in a better position to decide these issues.