Justia Wyoming Supreme Court Opinion Summaries

Articles Posted in Family Law
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The Supreme Court affirmed the order of the district court relinquishing jurisdiction over a child custody dispute to Texas pursuant to Wyo. Stat. 20-5-306, holding that the district court did not abuse its discretion when it found that Wyoming was an inconvenient forum and relinquished jurisdiction.Less than a week after Child's birth, Mother filed a petition to establish paternity, custody, and child support. Thereafter, Mother moved to Texas. The district court then entered an order establishing Father's paternity of Child and awarding Mother primary custody. Four years after Mother and Child moved, Mother petitioned a Texas district court to modify visitation and compel Father's participation in parenting facilitation. The Texas court contacted the Wyoming court to discuss the matter of jurisdiction. Ultimately, the Wyoming court determined Wyoming was an inconvenient forum and entered an order relinquishing jurisdiction to Texas. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion when it declined to exercise its exclusive, continuing jurisdiction to modify the child custody order after finding Wyoming was an inconvenient forum; and (2) did not violate Father's due process rights by not requiring the parties to file written pleadings in Wyoming. View "Ruiz v. Fribourg" on Justia Law

Posted in: Family Law
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The Supreme Court affirmed the order of the district court granting the petition filed by the Wyoming Department of Family Services (DFS) to terminate Father's parental rights, holding that Father was not entitled to relief on his claims of error on appeal.On appeal, Father argued that he received ineffective assistance of counsel during the termination proceedings and that the district court erred in denying his motion to set aside the entry of default. The Supreme Court disagreed and affirmed, holding (1) because Wyo. Stat. 14-2-318(a) does not create a mandatory right to counsel, it does not create a statutory right to effective assistance of counsel in termination of parental rights cases; and (2) the district court did not abuse its discretion in denying Father's motions to set aside the entry of default. View "Roberts v. State, Dep't of Family Services" on Justia Law

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The Supreme Court affirmed the order of the district court allowing Wife trial counsel to withdraw from representation several weeks prior to a divorce bench trial, holding that the district court did not abuse its discretion when it granted counsel's motion to withdraw without conditioning the withdrawal upon the substitution of other counsel by written appearance.On appeal, Wife argued that the district court abused its discretion under the circumstances because no "extraordinary circumstances" were cited, as required under Rule 102(c) of the Wyoming Uniform Rules for District Courts to allow her trial counsel to withdraw without first obtaining substitute counsel. The Supreme Court disagreed and affirmed, holding that the district court could reasonably conclude extraordinary circumstances existed to allow Wife's counsel to withdraw without requiring substitution of counsel. View "McGill v. McGill" on Justia Law

Posted in: Family Law
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The Supreme Court affirmed the juvenile court's order changing the permanency plan for Mother and her two youngest children from family reunification to adoption, holding that the juvenile court did not abuse its discretion.On appeal, Mother argued that the juvenile court abused its discretion in determining that the Department of Family Services (DFS) made reasonable but ultimately unsuccessful efforts at reunification and that the permanency plan for the children should be changed to adoption. The Supreme Court disagreed and affirmed, holding that the record adequately supported the court's determination that DFS met its burden to prove its efforts at reunifying Mother with her two children were reasonable but unsuccessful. View "NP v. State" on Justia Law

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The Supreme Court affirmed the order of the district court awarding Mother primary physical custody of the parties' daughter, CP, holding that the district court's findings were sufficient to support the court's order awarding Mother primary physical custody of CP.In 2017, Father filed his petition under Wyo. R. Crim. P. 52(a) to establish custody, visitation, and child support. In 2020, the district court entered an order requiring the parties to share physical custody of TP. On appeal, the Supreme Court reversed, ruling that the district court's Rule 52(a) findings were insufficient under the circumstances. On remand, the district court awarded Mother primary physical custody of TP. The Supreme Court affirmed, holding that the district court's order made findings of fact sufficient to meet the requirements of Rule 52(a). View "Pettengill v. Castellow" on Justia Law

Posted in: Family Law
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The Supreme Court reversed the judgment of the district court granting the visitation action brought by Grandparents against Parents seeking visitation with their grandchildren, holding that the district court violated Parents' fundamental constitutional right to raise their children as they see fit.Grandparents brought this action under Wyo. Stat. Ann. 20-7-101(a) after a conflict with Parents. The district court judgment in favor of Grandparents and awarded them the right to open and unmonitored contact with the children and monthly and summer visitation. The Supreme Court reversed, holding that, when it ordered grandparent visitation, the district court did not adequately protect Parents' fundamental constitutional right to rear their children as they see fit. View "Bowman v. Study" on Justia Law

Posted in: Family Law
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The Supreme Court affirmed the judgment of the juvenile court ordering the permanency plan for minor siblings BP and CS be changed from reunification to adoption, holding that the juvenile court did not abuse its discretion.The Department of Family Services (DFS) recommended changing the permanency plan for BP and CS to adoption. After a permanency hearing, the juvenile court issued an order changing the permanency plan to adoption and relieving DFS from further reunification efforts, finding that DFS established that it had made reasonable efforts to reunify the family. The Supreme Court affirmed, holding that the juvenile court did not abuse its discretion when it concluded that DFS made reasonable efforts to reunify Mother with CS and BP and changed the permanency plan for reunification to adoption. View "NP v. State" on Justia Law

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The Supreme Court affirmed the judgment of the district court terminating Carol and John Kennedys' guardianships of two children, including MCM, holding that the district court did not err in terminating the Kennedys' guardianship of MCM and granting guardianship to Jessica and Gilbert Padilla pursuant to 3-3-1101(a)(iv).In 2015, a Colorado court removed GAP, MCM, and EJM from the Padillas' custody and placed them in foster care. The Padillas were GAP's biological parents and MCM's and EJM's relatives and former guardians. In 2016, the court granted guardianship of the three children to the Kennedys, Gilbert's sister and husband. In 2020, the Padillas filed a petition in a Wyoming court to terminate the Kennedys' guardianships. The court terminated the Kennedys' guardianship of GAP and MCM and granted guardianship of MCM to the Padillas. The Supreme Court affirmed, holding that the district court did not err when it (1) terminated the Kennedys' guardianship of GAP; and (2) terminated the Kennedys' guardianship of MCM and granted guardianship to the Padillas. View "Kennedy v. Padilla" on Justia Law

Posted in: Family Law
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The Supreme Court dismissed Mother's appeal from two juvenile court permanency and review orders and from the juvenile court's decision denying her motion to close the case for want of jurisdiction, holding that none of the juvenile court orders from which Mother appealed were appealable orders.The State filed a neglect petition alleging that Mother neglected her child. As the case progressed, the juvenile court held review and permanency hearings, in connection with which it issued orders. Mother appealed two of those orders and the denial of her motion to close the case. The Supreme Court dismissed the appeal, holding that the orders appealed from did not affect Mother's substantial rights and were not appealable. View "JW v. State" on Justia Law

Posted in: Family Law
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The Supreme Court affirmed the judgment of the district court denying Diana Myers's Wyo. R. Crim. P. 60(b)(6) motion seeking relief from the parties' martial settlement agreement and divorce decree, holding that the district court did not abuse its discretion.In 2019, Diana and Griffin Myers divorced. In 2021, Diana filed her motion seeking relief from the settlement agreement and divorce decree on the grounds that an asset divided pursuant to the divorce was worth significantly more than Diana believed during mediation. The district court denied the motion. The Supreme Court affirmed, holding (1) Diana had no right to discovery on her Rule 60(b) motion; and (2) the district court did not abuse its discretion when it concluded that Diana's motion asserted improper grounds, was untimely, and failed to demonstrate extraordinary circumstances. View "Myers v. Myers" on Justia Law

Posted in: Family Law