Justia Wyoming Supreme Court Opinion Summaries

A husband and wife married in 1989 and separated in 2023. They had a long marriage, shared two adult daughters, and owned a marital home on twenty-six acres near Casper, Wyoming, as well as other real and personal property, including an undeveloped plot in Alaska. The marital estate included several vehicles, campers, tractors, snowmobiles, retirement and investment accounts, and pensions. The husband filed for divorce, seeking dissolution of the marriage and division of property. At trial, the main disputes involved the valuation of the marital home and the wife’s pension accounts. Both parties presented expert testimony on these values, with differing appraisals and methods.The District Court of Natrona County held a bench trial and divided the marital property, awarding the husband the marital home, the Alaska property, and most of the vehicles and equipment. The wife was awarded her pensions, a smaller share of personal property, and an $850,000 equalization payment from the husband, to be paid within ninety days. Neither party requested special findings of fact regarding the valuations. The husband appealed, arguing that the district court abused its discretion by accepting higher valuations for the marital home and lower valuations for the wife’s pensions, resulting in an excessive equalization payment.The Supreme Court of Wyoming reviewed the case for abuse of discretion. It held that, because neither party requested special findings of fact, it must presume the district court made all factual findings necessary to support its judgment. The Supreme Court concluded that sufficient evidence supported the district court’s valuation choices, that the distribution reflected consideration of the statutory factors, and that the overall property division, including the equalization payment, was not so unfair as to shock the conscience of the court. The court affirmed the district court’s decree. View "Allen v. Allen" on Justia Law

A child born in 2014, RTT, was placed under the co-guardianship of his maternal grandfather, James Serfoss, III, and Mr. Serfoss’s domestic partner, Leslie M. Salmon, beginning in 2016. The two petitioners are not married. In 2025, RTT’s biological father, Tyler Thomas, sought to terminate the guardianship. In response, Serfoss and Salmon jointly counterclaimed, seeking to adopt RTT. The child’s biological mother consented to the adoption, but the biological father did not.Following the joint adoption counterclaim, Mr. Thomas moved to dismiss, arguing that Wyoming law does not permit two unmarried individuals to jointly petition for adoption. The District Court of Converse County certified the legal question to the Supreme Court of Wyoming, asking whether Wyo. Stat. Ann. § 1-22-104(b) allows for a joint adoption petition by two unmarried individuals.The Supreme Court of Wyoming, reviewing the certified question de novo, held that Wyo. Stat. Ann. § 1-22-104(b) does not permit two unmarried individuals to file a joint petition to adopt a minor child. The statute expressly allows joint petitions only for married couples and does not authorize joint petitions by multiple unmarried individuals. The court emphasized that while each unmarried adult may separately petition for adoption, they cannot file jointly; the district court may, however, consolidate separate petitions for consideration. The court declined to read into the statute any broader authority or to interpret legislative silence as permitting joint petitions by unmarried individuals. The Supreme Court’s answer to the certified question was therefore “no.” View "In the Matter of the Guardianship Of: RTT" on Justia Law

A mother with a history of involvement with the Department of Family Services had her youngest child, BAR, removed from her care after police found her intoxicated, in possession of methamphetamine, and responsible for leaving children unattended in a running vehicle. She was subsequently arrested and convicted of child endangerment. The Department developed a reunification case plan focused on sobriety, mental health, stable housing, and parenting skills. Despite receiving significant support and services from the Department, the mother repeatedly failed to comply with her case plan. She did not maintain sobriety, attend counseling consistently, or secure stable housing, and her visitation with BAR was sporadic. Her progress was further hampered by recurring involvement in unstable and sometimes violent relationships and continued substance abuse.The District Court of Natrona County first placed BAR in the Department’s custody following an abuse and neglect petition. The juvenile court initially pursued a reunification plan but later shifted to a plan of adoption due to the mother’s lack of progress. After a five-day bench trial, the district court found clear and convincing evidence that BAR had been in foster care for at least fifteen of the most recent twenty-two months and that the mother was unfit to have custody and control of BAR, citing ongoing instability, untreated mental health issues, substance abuse, and lack of consistent visitation. The court terminated the mother's parental rights under Wyoming Statute § 14-2-309(a)(v).On appeal, the Supreme Court of the State of Wyoming reviewed whether sufficient evidence supported termination under the statute. The court affirmed the district court’s decision, holding that clear and convincing evidence established the statutory grounds for termination based on the mother’s unfitness and the duration of BAR’s time in foster care. View "B.A.R. v. State Ex Rel. Department of Family Services" on Justia Law

The case concerns a child, DC, who was removed from his parents’ care shortly after birth due to substantiated concerns about neglect, failure to thrive, domestic violence, mental health issues, substance abuse, and instability within the family. The child was placed with maternal grandparents, and a permanency plan for family reunification was established. The father, AC, was given a case plan with specific requirements addressing sobriety, mental health, parenting skills, stable housing, and employment. Over the next eighteen months, the father was incarcerated for nearly a year of that period, including a new sentence of five to seven years for felony offenses. He failed to make consistent progress on his case plan goals, particularly concerning mental health and substance abuse treatment, employment, and securing stable housing.The District Court of Platte County—sitting as a juvenile court—initially ordered reunification, then shifted to a concurrent goal of reunification and adoption as the father’s progress stalled and his incarceration continued. The Department of Family Services documented extensive, tailored efforts to facilitate reunification, including arranging for services while the father was both in and out of custody. Despite these efforts, the father did not meaningfully participate in or complete the required treatment, counseling, or parenting programs. At an evidentiary review hearing, the court found the Department’s efforts reasonable and accessible, and that it was in the child’s best interests to change the permanency plan to adoption. The father appealed the change, arguing insufficient efforts were made to accommodate his incarceration.The Supreme Court of Wyoming reviewed the juvenile court’s decision for abuse of discretion. It held that the Department made reasonable efforts to reunify father and child, even considering the constraints of incarceration, and that the child’s need for stability outweighed the father’s incomplete progress. The court affirmed the juvenile court’s order changing the permanency plan to adoption. View "In the Interest Of: DC" on Justia Law

After marrying in July 2014, a husband and wife executed a postnuptial agreement two days after their wedding, intending to keep their respective properties separate during the marriage. Prior to marriage, they jointly purchased land, with the wife contributing a down payment and the remainder financed by a mortgage. After marriage, they constructed a home and acquired several vehicles, with the husband contributing substantially more toward improvements and purchases. The couple separated in late 2020, and the husband filed for divorce in early 2021. Disputes arose concerning the enforceability and interpretation of the postnuptial agreement, as well as the division and valuation of marital assets, especially the marital residence.The District Court of Albany County first granted summary judgment, finding the postnuptial agreement enforceable, rejecting the wife’s arguments of unconscionability and unilateral mistake due to lack of sufficient evidence. However, the court denied the husband’s subsequent request for summary judgment on the property distribution, interpreting the agreement to allow equitable division of assets acquired during the marriage. After a bench trial, the court divided the vehicles and the marital residence between the parties, awarded credits for their respective contributions, and ordered a current appraisal to determine the property’s value for final division. The court ultimately set the marital residence’s value at $925,000 and split the remaining equity equally after accounting for the parties’ contributions.On appeal, the Supreme Court of Wyoming affirmed the district court’s rulings. It held that the postnuptial agreement was enforceable, that its terms required the court to exercise discretion in distributing property acquired during the marriage, and that there was no abuse of discretion in the court’s valuation and division of the marital residence. The Supreme Court found the lower court’s findings and application of the law to be proper and supported by the record. View "Young v. Jones" on Justia Law

A married couple with two young children went through divorce proceedings after the mother filed for divorce. During the marriage, the mother was the primary caregiver, staying home with the children, while the father worked long hours as a mechanic and business owner. Both parties presented evidence at trial regarding their respective parenting abilities, disciplinary approaches, and their differing views on matters such as medical care and education. Testimony addressed concerns about each parent’s past drinking, interactions with the children, willingness to facilitate contact with the other parent, and incidents involving the children’s care.The District Court of Washakie County conducted a bench trial and, after evaluating the statutory best interest factors, awarded joint legal custody of the children to both parents. The court designated the mother as the primary residential caregiver and final decision-maker for major matters, granting the father regular parenting time, including certain weekends, evenings, holidays, and summer periods. The father appealed the custody determination, arguing that the court violated his constitutional rights by not granting equal parenting time and claiming the court abused its discretion in its allocation of parenting time.The Supreme Court of Wyoming reviewed the appeal. It held that, in custody disputes between two fit parents, the constitutional principles cited in cases like Troxel v. Granville do not require courts to allocate equal parenting time. Instead, the court reaffirmed that Wyoming law requires custody to be determined according to the best interests of the children, without any presumption in favor of equal or shared custody. The Supreme Court found that the district court had thoroughly considered the statutory factors, acted within its discretion, and did not violate the father’s fundamental rights. The Supreme Court of Wyoming affirmed the district court’s custody order. View "Smith v. Smith" on Justia Law

Law enforcement responded to a report that a father struck his nine-year-old daughter, LC, in the head, causing her to fall and hit the floor. LC also reported verbal abuse, fear of retaliation, and concerns about inappropriate sexual behavior by her father, who is a registered sex offender. LC had a history of sexual exploitation or abuse by family members. The Wyoming Department of Family Services removed LC from the home, and the State filed a petition alleging physical and verbal abuse. The juvenile court placed LC in the Department’s custody and ordered supervised visits. The father admitted to the abuse allegations, and LC was adjudicated as a neglected child. A case plan was developed for the father, requiring him to complete a psychosexual evaluation, attend counseling, and meet other conditions. The father failed to complete the evaluation on time and did not engage in therapy, despite multiple referrals and reminders.The District Court of Goshen County initially ordered reunification as the permanency plan. After the father eventually completed the psychosexual evaluation, the Multidisciplinary Team recommended changing the plan to adoption, citing the father’s high risk of re-offending and ongoing safety concerns. The Department reported that the father had not made meaningful progress on his case plan, and LC’s therapist testified to LC’s fear of her father. Following an evidentiary hearing, the juvenile court found the Department made reasonable efforts to achieve reunification, but those efforts were unsuccessful due to the father’s lack of engagement and risk factors. The court changed the permanency plan to adoption and ceased reunification efforts.The Supreme Court of Wyoming reviewed the case. It held that the juvenile court did not abuse its discretion in changing the permanency plan from reunification to adoption, as the Department’s efforts were reasonable and reunification was not in LC’s best interest. The court also held that the juvenile court did not commit plain error by declining to adopt a concurrent permanency plan. The decision of the juvenile court was affirmed. View "L.C. v. State" on Justia Law

After their 2021 divorce, the parties agreed to joint custody of their two minor children and set a child support amount above the statutory presumptive level, with the father paying $1,700 per month. The father owns two businesses: an S-corporation and a limited liability company, both structured as pass-through entities, meaning their income is reported on his individual tax return. In 2023, the father sought to modify visitation due to changes in his work schedule, while the mother counter-petitioned to modify child support, ultimately dismissing her requests regarding custody and visitation.The District Court of Johnson County held a bench trial and denied the father’s request to modify visitation, finding no material change in circumstances. The court granted the mother’s petition to modify child support, calculating the father’s net monthly income at $40,110.66 and ordering him to pay $5,292 per month in child support. In reaching this figure, the court included both the pass-through income from the father’s businesses and the distributions reported on his individual tax return, as well as depreciation and amortization amounts from the LLC.On appeal, the Supreme Court of the State of Wyoming found that the district court abused its discretion by effectively doubling the father’s income when it included both the pass-through amounts from the businesses and the distributions already reported on his tax return. The Supreme Court held that only the amounts reported on the father’s individual tax return should be included, and that adding both sources resulted in double counting. The court affirmed the inclusion of depreciation and amortization in the income calculation. The Supreme Court reversed the district court’s child support order and remanded for further proceedings to recalculate the father’s net income and presumptive child support, instructing the lower court to obtain all relevant tax returns to ensure a complete financial picture. View "Stenson v. Stenson" on Justia Law

The case concerns a family in Evanston, Wyoming, where the State intervened after a five-day-old infant, SP, was hospitalized with a cerebral hemorrhage. Law enforcement took SP and three other minor children into protective custody, suspecting abuse or neglect by their parents, particularly focusing on the father, who is hearing-impaired and sometimes requires an ASL interpreter. The State filed a petition alleging abuse, and both parents initially denied the allegations. The children were placed in the custody of the Department of Family Services, and a permanency plan for family reunification with the mother was adopted.The District Court of Uinta County held several hearings, ensuring the father had access to an interpreter and legal counsel. During the proceedings, concerns about the father’s competency arose, but no formal motion for a competency evaluation was made. The father ultimately stipulated to the adjudication of neglect after being advised of his rights and confirming his understanding and voluntariness. Later, the father’s counsel sought to withdraw, citing communication difficulties, but the court denied the motion, finding no extraordinary circumstances. When the father was incarcerated out of state, the court attempted to facilitate his participation in the disposition hearing, but he could only appear by phone, which was ineffective due to his hearing impairment. The court proceeded, denied the father’s motion to dismiss, and ordered the children to remain in state custody.The Supreme Court of Wyoming reviewed the case and affirmed the lower court’s decisions. The Court held that deficiencies in the neglect petition did not deprive the juvenile court of subject matter jurisdiction, that a parent in neglect proceedings does not have a due process right to a competency evaluation, and that the court did not abuse its discretion in denying counsel’s withdrawal. The Court also found no due process violation in proceeding with the disposition hearing without the father’s physical presence, given the circumstances and his representation by counsel. View "In the Interest of SP v. The State of Wyoming" on Justia Law

After a divorce in 2021, the parties were subject to separate court orders regarding custody and visitation of their minor child, DM. The mother was granted primary custody, with a planned 15-month transition to shared custody, which required reunification therapy for the father and DM. However, shared custody was never achieved, and DM remained in the mother’s primary care. In 2023, the mother petitioned to modify custody, visitation, and child support, arguing that the father had abandoned efforts to communicate with DM and that shared custody was not feasible due to his residence in Arizona. She also sought to adjust child support to reflect her continued primary custody.The District Court of Teton County held a bench trial to consider the mother’s petition. The court found that the circumstances had not materially changed since the original custody order, even though the order was not being followed. The court determined that DM’s welfare was unchanged, noting that DM continued to excel academically and socially, and that the estrangement between father and son persisted as it had at the time of the divorce. The court also found that the mother had not presented evidence of new efforts to foster the father-son relationship or that her relocation had impacted DM’s welfare. Consequently, the court denied the petition for modification of custody and child support.The Supreme Court of Wyoming reviewed the case for abuse of discretion. It held that the district court did not abuse its discretion in finding no material change of circumstances affecting the child’s welfare. The Supreme Court affirmed the district court’s decision, concluding that the failure to comply with the custody order did not, in this instance, constitute a material change warranting modification. View "Cornell v. Mecartney" on Justia Law