In Re KRA

2004 WY 18, 85 P.3d 432, 2004 WL 393344
CourtWyoming Supreme Court
DecidedMarch 4, 2004
DocketC-03-6
StatusPublished
Cited by28 cases

This text of 2004 WY 18 (In Re KRA) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re KRA, 2004 WY 18, 85 P.3d 432, 2004 WL 393344 (Wyo. 2004).

Opinion

85 P.3d 432 (2004)
2004 WY 18

In the Interest of KRA, minor child:
CAA, n/k/a CAF, Appellant (Respondent),
v.
ZWA, Appellee (Respondent).

No. C-03-6.

Supreme Court of Wyoming.

March 4, 2004.

*433 Representing Appellant: Michele J. Neves, Casper, Wyoming.

Representing Appellee: James A. Hardee, Douglas, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

VOIGT, Justice.

[¶ 1] KRA was born to ZWA (Father) and CAF (Mother), an unmarried couple who *434 separated shortly thereafter. This case began as an action to establish paternity. Paternity was established and shared custody, alternating weekly, was ordered. Mother appeals, claiming that the district court's findings of fact are insufficient and unsupported by the record, and that shared custody is not in the child's best interests. We will affirm.

ISSUES

[¶ 2] Mother presents the following issues:

I. Whether the trial court failed to make specific findings of fact and conclusions of law pursuant to Rule 52 of the Wyoming Rules of Civil Procedure.

II. Whether the trial court's decision was contrary to the evidence.

III. Whether the trial court's decision was in the best interests of the minor child.

Father raises two issues:

1. Is the January 31, 2003 order of the district court, which continues the temporary order issued March 4, 2002, an appealable order as required by Wyoming Appellate Rules 1.04 and defined by Wyoming Appellate Rule 1.05?

2. If the order is appealable, did the trial court abuse its discretion in ordering continued shared custody?

FACTS

[¶ 3] Mother and Father met while he was finishing his senior year of high school. They dated for a time and Father then moved into the trailer where Mother and her daughter from a previous marriage lived. Shortly thereafter, Father left for the National Guard and Mother moved out of the trailer into her parents' home. Mother then contacted Father and informed him that she was pregnant. Upon returning from his service with the National Guard, Father moved in with Mother and her parents. After living with Mother's parents for a time, the couple, along with Mother's daughter, moved to Wright, where KRA was born. Three months later, Mother left Wright with the two children and returned to her parents' home in Douglas. After a failed attempt at reconciliation, Mother and Father went their separate ways. Father purchased a home in Douglas and obtained employment as a "hot oiler" in an oil field, and Mother married and returned to Wright, where her new husband worked and had a home.

[¶ 4] In August of 2001, the Department of Family Services filed a paternity action. After genetic testing confirmed Father's paternity, he filed a Petition to Establish Custody and Visitation. On March 4, 2002, a custody and support hearing was held. Because Mother appeared pro se, the district court stayed the proceedings to allow Mother to obtain counsel and entered a temporary order for custody and support. The temporary order directed Father to pay $137.50 per month in child support, and prescribed shared custody in alternating weeks.

[¶ 5] This order remained in effect until December 12, 2002, when the parties appeared again. Both parties argued that they should be awarded primary custody. Mother contended that as a stay-at-home-mom she was better suited to care for KRA than Father, whose employment required him to leave KRA with a babysitter. Mother also argued that the shared custody arrangement is difficult for KRA because KRA and Mother's other daughter have bonded and the children are upset when they are apart. Finally, Mother expressed concern that Father did not properly attend to KRA's medical needs and that he returned her from visits dirty, hungry, thirsty, with smelly hair and dirty fingernails, and without proper clothing for cold weather.

[¶ 6] Father urged the district court to award him primary custody, claiming that if Mother were awarded sole custody, she would attempt to deny him visitation. Father claimed that Mother had encouraged her other daughter to disparage her father, and that Mother had influenced her other daughter to become estranged from her father. Father also stated that he worried Mother would tell KRA things that were not true, causing her to be "confused and emotionally and mentally unstable...." Father also indicated that Mother had not finished high school, and expressed concern that she *435 would not properly stress the importance of education.

[¶ 7] At the end of the hearing, the district court requested that the parties submit findings of fact and conclusions of law, which they did. On January 31, 2003, the district court issued its Order for Custody and Visitation with Findings of Fact and Conclusions of Law. The order briefly outlined the relevant facts, stated the parties' respective strengths and weaknesses with regard to parenting, and then concluded:

1. Neither party is clearly more or less capable of providing for [KRA] than the other. [Father] likely would provide a better atmosphere for [KRA] to have a relationship with both her parents, but his work schedule would require him to rely significantly on babysitters. [Mother] is able to provide personal care for [KRA], and [KRA] would live with her sister in [Mother's] custody. However, [Mother] may deprive her daughter of a complete, emotionally secure relationship with her father.
2. Each party should complete a co-parenting class within sixty (60) days of the date of this decision.
3. [KRA] has been able to maintain a good relationship with both of her parents and her sister under the existing shared custody arrangement. The shared custody arrangement meets [KRA's] needs better than sole custody with either parent would.
4. It is in [KRA's] best interest that the current Temporary Order establishing joint/shared custody be continued until three months prior to [KRA's] eligibility to enter Kindergarten in the school district of either parent. The time for an exchange of custody should be modified to 3:00 p.m. on Sunday.
5. The existing child support computations are accurate and should be continued.

Mother appeals from this order.

STANDARD OF REVIEW

We have previously reiterated the well recognized standard of review for custody determinations:

"Custody, visitation, child support, and alimony are all committed to the sound discretion of the district court. It has been our consistent principle that in custody matters, the welfare and needs of the children are to be given paramount consideration. The determination of the best interests of the child is a question for the trier of fact. `We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle.' Fink [v. Fink], 685 P.2d [34,] 36 [(Wyo.1984)]."

Reavis v. Reavis, 955 P.2d 428, 431 (Wyo. 1998).... Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means exercising sound judgment with regard to what is right under the circumstances and without doing so arbitrarily or capriciously. Pace v. Pace, 2001 WY 43, ¶ 9, 22 P.3d 861, ¶ 9 (2001); Vaughn v. State, 962 P.2d 149

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Cite This Page — Counsel Stack

Bluebook (online)
2004 WY 18, 85 P.3d 432, 2004 WL 393344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kra-wyo-2004.