In Re Paternity of Jwh

2011 WY 66, 252 P.3d 942, 2011 WL 1420079
CourtWyoming Supreme Court
DecidedApril 14, 2011
DocketS-10-0167
StatusPublished
Cited by11 cases

This text of 2011 WY 66 (In Re Paternity of Jwh) 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 Paternity of Jwh, 2011 WY 66, 252 P.3d 942, 2011 WL 1420079 (Wyo. 2011).

Opinion

252 P.3d 942 (2011)
2011 WY 66

In the Matter of the PATERNITY OF JWH, Minor Child,
LRD, Appellant (Respondent),
v.
DAH, Appellee (Petitioner).

No. S-10-0167.

Supreme Court of Wyoming.

April 14, 2011.

*944 Representing Appellant: Deborah Ford Mincer, Cheyenne, WY.

Representing Appellee: James A. Eddington, Torrington, WY.

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

HILL, Justice.

[¶ 1] LRD (Mother) challenges the district court's order awarding DAH (Father) primary custody of the parties' toddler son, JWH. Among seven issues, Mother's contentions include that the district court failed to consider that she was the primary caretaker and that Father physically abused Mother on one occasion. We will affirm in part and reverse in part and remand this matter to the district court for further proceedings consistent with this opinion.

ISSUES

[¶ 2] Mother raises seven issues before this Court:

1. The trial judge erred when he failed to weigh the "primary caretaker" factor against the statutory factors of Wyo. Stat. Ann. § 20-2-201(a) which he chose to apply.
2. The trial judge erred in his statutory interpretation of the relative competency and fitness factor where allegations against Mother were unrelated to child's welfare.
3. The trial judge erred in judging Mother's handling of visitation under the statutory factors when Father had no legal rights to visitation prior to entry of the order adjudicating his paternity.
4. The trial judge erred by failing to consider Father's physical abuse under Wyo. Stat. [Ann.] § 20-2-201(c).
5. The trial judge erred by admitting evidence of claimed misconduct unrelated to the child.
*945 6. The trial judge committed an abuse of discretion in awarding custody to Father.
7. The trial judge erred by offsetting Father's payments on his debts, honoring a claimed agreement in lieu of child support, and awarding only four months of child support to Mother.

Father states the issues more succinctly:

1. Does sufficient evidence exist in the record to support the trial court's decision on custody and child support?
2. Is this appeal lacking in reasonable cause so as to result in attorney fees and damages to [Father] pursuant to W.R.A.P. 10.05?

FACTS

[¶ 3] In 2005, the parties began a relationship which resulted in the birth of a son in 2008. The parties broke up in 2009, and Father moved out of their Torrington apartment. Their son remained in Mother's care, and the parties agreed that Father would pay utilities and one-half of the apartment rent in lieu of child support. Father made these payments until November of 2009.

[¶ 4] In December of 2009, Father filed a Petition to Establish Paternity, Custody, and Support. The parties agreed on a visitation schedule, but Father's new work routine at the Medium Correctional Institution in Torrington made the agreed-upon visitation difficult. Father's visitation with his son was thus limited by his own work schedule.

[¶ 5] A bench trial was held in April of 2010. The parties stipulated that Father was indeed the child's father, and visitation and custody were the only issues remaining. At the end of trial, the district court awarded Father primary custody of the child, subject to Mother's visitation. The court implemented a plan whereby, during the summer of 2010, the parties would exchange visitation working up to a weekly basis. On July 24, 2010, Father became primary custodian, and Mother was ordered to begin paying child support on August 1, 2010. This appeal followed.

STANDARD OF REVIEW

[¶ 6] Our standard of review regarding custody issues is well-established:

"[C]ustody, visitation, child support, and alimony are all committed to the sound discretion of the district court."
This Court has consistently recognized the broad discretion enjoyed by a district court in child custody matters. We will not interfere with the district court's custody determination absent procedural error or a clear abuse of discretion. In determining whether an abuse of discretion has occurred, our primary consideration is the reasonableness of the district court's decision in light of the evidence presented. We view the evidence in the light most favorable to the district court's determination, affording every favorable inference to the prevailing party and omitting from our consideration the conflicting evidence.
Durfee v. Durfee, 2009 WY 7, ¶ 6, 199 P.3d 1087, 1089 (Wyo.2009) (citations omitted).
Furthermore,
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. Resor v. Resor, 987 P.2d 146, 148 (Wyo.1999), quoting Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998).
Testerman v. Testerman, 2008 WY 112, ¶ 8, 193 P.3d 1141, 1144 (Wyo.2008).
A court does not abuse its discretion unless it acts in a manner which exceeds the bounds of reason under the circumstances. Our review entails evaluation of the sufficiency of the evidence to support the district court's decision.... Findings of fact not supported by the evidence, contrary to the evidence, or against the great weight of the evidence cannot be sustained. Similarly, an abuse of discretion is present when a *946 material factor deserving significant weight is ignored.

Blakely v. Blakely, 2009 WY 127, ¶¶ 6-7, 218 P.3d 253, 254-255 (Wyo.2009) (citing Parris v. Parris, 2009 WY 44, ¶ 15, 204 P.3d 298, 303 (Wyo.2009)).

DISCUSSION

[¶ 7] Although Mother separates her overall argument into seven distinct issues, we believe she has one issue with subparts. Mother argues generally on appeal that the district court abused its discretion when it awarded custody of the parties' minor child to Father. First, Mother contends that the district court failed to give proper consideration to the fact that she was the primary caretaker of the child and failed to mention that fact in its oral findings.

[¶ 8] We have considered this very issue before,

[B]y once again noting that the district court's responsibility for fashioning family relationships through custody determinations encompasses one of the most difficult and demanding tasks assigned to a trial judge. "This life-altering decision is perhaps most exacting in cases such as this, where it is apparent that both parents love their children and are fit and competent to have custody." Beyond the emotional and family turmoil that attends custody disputes, adding to the district court's difficulty is that every case involving custody issues presents a different situation and set of facts. Consequently, there are no bright line rules to easily apply when making a custody decision. Instead, every case requires a careful weighing of the relevant factors.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 WY 66, 252 P.3d 942, 2011 WL 1420079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paternity-of-jwh-wyo-2011.