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The brother of well-known NBA player Mike Miller is fighting to keep custody of his children.
Jared Miller has full custody of his three daughters after his ex-wife signed documents giving up her parental rights.
But now she wants those rights back and it's up to the South Dakota Supreme Court to decide.
"What my client ultimately wants is to see her children," Jessica Ibanez's attorney, Jason Sutton, told the justices.
Jessica Ibanez and Jared Miller divorced in 2007 after she discovered Miller was having an affair.
Ibanez started having financial and emotional difficulties after the divorce and asked Miller and his new wife to take care of the kids while Ibanez paid child support.
But in late 2009, Miller's attorney says Ibanez asked to terminate her parental rights.
"Jessica Ibanez approaches the Millers and she wants to voluntarily terminate her rights," Miller's attorney, Clint Sargent, explained.
Miller decides to forgive Ibanez's past due child support payments because of the offer. Ibanez signs the documents without an attorney by her side and then gives up her parental rights during a court hearing.
Now, Ibanez's attorneys are alleging fraud because of that side deal in front of the Supreme Court despite the fact that Ibanez was asked by a judge during the court hearing if she was forced to give up her rights.
"He asks her, ‘Why are you doing this?’ and she doesn't tell him," Justice Steven Zinter said.
"I think this case illustrates why there needs to be an additional colloquy beyond the, 'Why are you doing this?'" Sutton replied.
Miller's attorney says the circuit court found there was no fraud in this case and Ibanez said several times during the proceedings that she wanted to give up her rights.
"What is consistent throughout, throughout her affidavit, throughout her testimony in front of Judge Tiede and her testimony in front of Judge Caldwell is she believed this was in the best interest of her children," Sargent said.
Miller's attorney added that Ibanez had plenty of opportunities to get an attorney during the proceedings to give up her parental rights and never got one.
The South Dakota Supreme Court will issue its decision at a later date.
Watch the entire hearing by clicking on the play button below.
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