Justia Wyoming Supreme Court Opinion Summaries

Father and Mother, who never married but had a son, stipulated to an order setting custody and visitation. This opinion inferred from the information that Father was the custodial parent and that Mother had defined visitation. A year and a half after the stipulated order was entered, Father filed a “Petition to Modify Visitation and Motion for Contempt and Restraining Order,” asserting that a material change in circumstances occurred and seeking to have Mother held in contempt for failing to pay child support. The district court denied the petition to modify and granted the motion for contempt. The Supreme Court affirmed, holding that the district court did not abuse its discretion by (1) denying Father’s petition to modify Mother’s visitation after finding that there was no material change in circumstances, and (2) conducting the modification hearing as it did. View "ELA v. AAB" on Justia Law

Child was born to Mother and Father in 2003. Within the next year, Mother’s current husband came into her and her son’s life. In 2015, Mother filed a petition to change Child’s surname to Sowers-Collision. The district court denied the petition, ruling that changing Child’s surname would be detrimental to Father’s interests under Wyo. Stat. Ann. 1-25-101. Mother appealed, arguing that the district court erred by failing to consider the best interest of Child when it denied her petition. The Supreme Court affirmed, holding that because the state of the record in this case made it impossible to determine whether the district court in fact considered the best interest of the child, the Court could not conclude that the district court failed to consider the question. View "Sowers-Collison v. Hansley" on Justia Law

Father and Mother divorced in 2004 and agreed to share custody of their two children, Daughter and Son. In 2011, the parties stipulated to a modification of custody providing that Daughter would live with Mother permanently while Son would continue with shared custody. The court subsequently granted in part Mother’s motion for an order modifying the judgment and divorce decree by requiring Father to pay a greater amount of child support. The Supreme Court affirmed, holding (1) modification of child support was proper; and (2) the district court did not err in its calculation of Father’s child support obligation. View "Zupan v. Zupan" on Justia Law

Mother and Father shared custody of their child pursuant to a custody order that provided for the parties to alternate custody on a weekly basis. The custody order included a drug testing requirement allowing Mother to make one request per month that Father submit to a drug test. If the test is negative, Mother must reimburse Father for the cost of the test before making another request. Father later filed a show cause motion alleging that Mother had violated the order by failing to allow him his visitation and reimburse him for a negative test. Mother filed her own show cause motion alleging that Father violated the drug testing requirement. The district court granted Father’s motion and denied Mother’s motion and ordered Mother to pay Father’s attorney fees and the costs of the negative drug test. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in finding that Father did not violate the custody order; and (2) erred in finding that Mother willfully violated the custody order, but the court’s granting of relief is nevertheless upheld because Mother’s conduct did deprive Father of visitation and reimbursement of drug testing costs to which he was entitled under the custody order. View "JLK v. MAB" on Justia Law

Three consolidated cases involved an ongoing dispute over personal property awarded to Megan Golden in her 2012 divorce from Todd Guion. Golden appealed the district court’s order that: (1) rejected her request for a rehearing on a 2012 denial of her motion to find Guion in contempt of court; (2) denied her motion to vacate a February 2015 order following contempt hearings; and (3) granted Guion’s request for sanctions under W.R.C.P. 11. After review, the Supreme Court dismissed two of the cases for lack of jurisdiction, and affirmed the sanctions case because Golden did not file not file timely notices of appeal. View "Golden v. Guion" on Justia Law

Father and Mother were not married and shared custody of their two children. Father filed a petition to establish paternity, custody, visitation, and support after he learned that Mother planned to move from Wyoming to Montana with the children. After a temporary custody hearing, the court awarded the parties joint legal custody with temporary residential custody to Mother. Mother then moved with the children to Montana. After a bench trial, the court awarded Father primary residential custody, subject to Mother’s visitation. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it awarded primary residential custody to Father. View "JR v. TLW" on Justia Law

After Mother’s youngest two children were placed in the legal custody of Wyoming’s Department of Family Services (Department), Mother was convicted of assault and battery and incarcerated. The Department subsequently filed a petition for termination of parental rights against Mother. Mother failed to timely answer, plead, or otherwise defend, and the clerk of court entered default against Mother. Mother filed a motion to set aside the default. The district court denied the motion, concluding that Mother failed to establish good cause to set aside the default. After a default hearing on termination of Mother’s parental rights, the district court found that clear and convincing evidence established that Mother’s parental rights to the children should be terminated. The Supreme Court affirmed, holding (1) the Court had appellate jurisdiction to consider the substantive issues raised by Mother; (2) the district court did not err as a matter of law in denying Mother’s motion to set aside the entry of default; and (3) the Department presented sufficient evidence to support termination of Mother’s parental rights to the two children. View "CLB v. State, Dep’t of Family Servs." on Justia Law

After Mother’s youngest two children were placed in the legal custody of Wyoming’s Department of Family Services (Department), Mother was convicted of assault and battery and incarcerated. The Department subsequently filed a petition for termination of parental rights against Mother. Mother failed to timely answer, plead, or otherwise defend, and the clerk of court entered default against Mother. Mother filed a motion to set aside the default. The district court denied the motion, concluding that Mother failed to establish good cause to set aside the default. After a default hearing on termination of Mother’s parental rights, the district court found that clear and convincing evidence established that Mother’s parental rights to the children should be terminated. The Supreme Court affirmed, holding (1) the Court had appellate jurisdiction to consider the substantive issues raised by Mother; (2) the district court did not err as a matter of law in denying Mother’s motion to set aside the entry of default; and (3) the Department presented sufficient evidence to support termination of Mother’s parental rights to the two children. View "CLB v. State, Dep’t of Family Servs." on Justia Law

After just more than three years of marriage, Wife sued Husband for divorce. Wife subsequently filed a motion to amend her complaint to add a cause of action for promissory estoppel. The district court denied the motion, concluding that justice did not require leave to amend the complaint. The district court then distributed the couple’s property and property-related obligations to the party who brought it into the marriage. If an asset was purchased during the marriage, the court awarded it to the party whose assets were used to purchase it. The court awarded Wife an additional $45,000 equalization payment. Wife appealed. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in denying Wife’s motion for leave to amend; and (2) the district court’s distribution of the couple’s property was not an abuse of discretion. View "Dane v. Dane" on Justia Law

When Child was approximately one year old, Mother left Child in the care of Aunt, Mother’s sister. Aunt was appointed temporary guardian of Child. Aunt then filed a petition for permanent guardianship. After an evidentiary hearing, the district court denied the motion, ruling that Aunt failed to establish by a preponderance of the evidence that Mother and Father were unfit as parents. The Supreme Court affirmed, holding (1) the district court applied the correct burden of proof in evaluating whether Aunt had proven that Mother and Father were unfit; and (2) the district court’s finding that Aunt did not establish by a preponderance of the evidence that Mother and Father was no clearly erroneous, inconsistent with the evidence, or contrary to the great weight of the evidence. View "Eshleman v. Rosenberg" on Justia Law