Justia Wyoming Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court granting Father's petition to modify a child custody order after Mother moved to Tennessee with the parties' child, holding that the district court did not abuse its discretion when it modified custody.The divorce decree between the parties awarded Mother primary physical custody of the parties' child, AFK. Later, Mother notified Father of her plans to move to Tennessee with AFK. Father filed a petition to modify custody, visitation, and support, alleging that the proposed move was a material change in circumstances. The district court found that a material change in circumstances had occurred and concluded that custody and visitation should be modified. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it granted Father's petition to modify custody. View "Kelly v. Kelly" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court in this dispute between the children and grandchildren of Martin and Gay Aimone regarding their inheritances and ownership interests in the family ranch, holding that the court erred in part.In one appeal, the Aimones' surviving children (Chris and Colleen) challenged the district court's reformation of Gay's trust to reflect her intention that her surviving children and grandchildren be beneficiaries under the trust. In the second appeal, four of the Aimones' grandchildren (the Aimones brothers) argued that the district court improperly rejected their claims that Chris and Colleen violated their fiduciary obligations as the manager of one of the Aimone entities and as trustee of the trust. The Supreme Court (1) affirmed the district court's ruling in the first appeal concerning the intention of the trust; but (2) reversed the ruling in the second appeal, holding that Chris breached her fiduciary duties to the Aimone entity and should be removed as manager and that Colleen breached her fiduciary duties to Gay's trust, but damages were not proven to a reasonable degree of certainty. View "Aimone v. Aimone" on Justia Law

The Supreme Court affirmed the judgment of the juvenile court changing the permanency plan for a minor child (Child) from reunification to adoption, holding that there was no error.In 2021, the State filed a petition against Mother alleging neglect of Child. The juvenile court removed Child from the home follow a hearing and placed Child into non-relative foster care. In 2022, the Department of Family Services (DFS) recommended that the juvenile court change the permanency plan from reunification to adoption. The juvenile court conducted an evidentiary hearing and then issued an order changing the permanency plan from reunification to adoption. The Supreme Court affirmed, holding (1) the juvenile court did not err in excluding Child's maternal grandmother as a placement option; (2) the juvenile court did not err in changing the permanency plan from reunification to adoption and allowing DFS to cease further reunification efforts; and (3) Father was not materially prejudiced by his absence from a shelter care hearing. View "AG v. State" on Justia Law

The Supreme Court accepted certification of a question from the district court regarding the authority of a court-appointed guardian and conservator of an incompetent adult ward to petition the district court for the ward's divorce and concluded that neither a guardian nor a conservator has the power under Wyoming law to pursue a divorce on behalf of a ward.Guardian/Conservator, who was appointed as guardian of Madonna Flory's person and conservator of her estate, filed a complaint for Ms. Flory's divorce from Rand Flory. The parties agreed that there was no controlling Wyoming precedent on the issue of whether a guardian or conservator could file for divorce on behalf of a ward, and the district court certified the question to the Supreme Court. In response the Supreme Court answered that Wyoming law does not permit a a guardian or conservator to move for and prosecute a divorce action on behalf of the ward. View "Flory v. Flory" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Mother's request for a jury trial in this termination of parental rights case, holding that the district court exercised sound judgment under the circumstances.The Department of Family Services brought an action to terminate Mother's parental rights to her son. Mother failed to make a timely demand for a jury trial pursuant to Wyo. R. Crim. P. 38 (Rule 38) and later requested that the district court grant a jury trial under Wyo. R. Crim. P. 39(b). The district court denied Mother's request and subsequently terminated her parental rights. The Supreme Court affirmed, holding (1) the order denying Mother's Rule 39 motion was not a final appealable order; and (2) the district court did not abuse its discretion in denying Mother's request for a jury trial. View "Gipson v. State, ex rel. Dep't of Family Services" on Justia Law

The Supreme Court reversed the decision of the district court denying Wife's motion for relief filed under Wyo. R. Crim. P. 60(a) from a divorce decree entered in 2003, holding that the district court erred as a matter of law in denying Rule 60(a) motion.At issue was the provision in the parties' stipulated decree of divorce that granted Wife fifty percent of the marital portion of Husband's disposable retired pay under his military retirement plan and provided a formula to calculate the marital portion based on Husband's months of service. In her Rule 60(a) motion, Wife argued that the formula's use of the word "months" rather than the term "reserve points" prevented her from collecting her share of Husband's military retired pay. The Supreme Court agreed and reversed the district court's denial of Wife's motion for relief, holding that the decree's use of "months" instead of "reserve points" was a clerical mistake requiring correction. View "Stone v. Stone" on Justia Law

The Supreme Court affirmed the order of the district court granting the petition brought by the Wyoming Department of Family Services (DFS) to terminate the parental rights of Mother to her child, holding that Mother was not entitled to relief on her claims of error.After a hearing, the district court held that the Department of Family Services (DFS) had presented clear and convincing evidence that Mother's parental rights to her child should be terminated under Wyo. Stat. Ann. 14-2-309(a)(iii) and (a)(v). The court further held that termination would be in the child's best interest. The Supreme Court affirmed, holding that the record supported the district court's holding that DFS made reasonable but unsuccessful efforts to rehabilitate and reunify Mother and her child under Wyo. Stat. Ann. 14-2-309(a)(iii). View "Alcorn v. State ex rel. Dep't of Family Services" on Justia Law

The Supreme Court affirmed the judgment of the district court granting Father's petition to modify a child custody order granting Mother primary custody of the parties' daughter (Child), holding that there was no abuse of discretion during the proceedings below.The original child custody order granted Mother primary custody of Child. Father later petitioned the court to modify the order, claiming that the original order had proved unworkable due to ambiguity in its terms. After a trial, the district court concluded that a material change of circumstances had occurred since the original order and that it was in Child's best interests for the parties to have shared custody. The Supreme Court affirmed, holding that there was no abuse of discretion in the district court's conclusion that there had been a material change of circumstances affecting Child's welfare since the original custody and visitation order and that Child's best interests would be served by granting the parties shared custody. View "Gardels v. Bowling" on Justia Law

In this divorce action, the Supreme Court affirmed the judgment of the district court in all respects, holding that the district court did not abuse its discretion its division of the parties' marital property.On appeal, Wife challenged the district court's division of marital property, arguing that the district court abused its discretion in its calculation of the equalization payment due to Wife from Husband. The Supreme Court affirmed, holding (1) Wife failed to demonstrate clear grounds for altering the property distribution; and (2) the court's disposition of the marital estate was neither so unfair nor so inequitable that it was unreasonable. View "D'Anzi v. D'Anzi" on Justia Law

The Supreme Court affirmed the decision of the district court granting Father's petition to modify the parties' divorce decree by awarding Father primary physical custody of the children and restricting Mother's visitation with the children, holding that there was no abuse of discretion.On appeal, Mother argued, among other things, that the district court abused its discretion by suspending her right to overnight visitation with the children for part of the time the modification action was pending. The Supreme Court affirmed, holding (1) the district court did not err in awarding primary physical and sole legal custody of the parties' two children to Father; and (2) Mother was not entitled to relief on her remaining allegations of error. View "Baer v. Baer" on Justia Law