The story has been changed to reflect Todd Pieper was granted visitation of his children and not custody.
The South Dakota Supreme Court heard an appeal in a case involving a Sioux Falls man who was granted visitation rights of his two children after being found not guilty of sexually abusing a child.
Nicole Pieper is appealing the decision to give her ex-husband Todd Pieper visitation of the children even though he was cleared of all charges.
But Todd Pieper's attorney says he has been patient and respectful of the process and that he should have time with his children.
"All throughout those proceedings it was in the best interest of the child and that's why we patiently waited for this to come forward so that we would get visitation. The judge always understood that was the best interest of the child," Todd Pieper's attorney Steven Haugaard said.
"The trial judge doesn't get a chance to see the child, how the child reacts, watch how the child is having anxiety and crying and shaking when she even thinks about seeing her father," Nicole Pieper's attorney Michele Munson said.
The justices will make a final ruling in the case at a later date.
This article has been revised to reflect the following correction: