In re the Parenting of C.W.

2012 MT 212, 291 P.3d 1092, 366 Mont. 278, 2012 WL 4364252, 2012 Mont. LEXIS 288
CourtMontana Supreme Court
DecidedSeptember 25, 2012
DocketNo. DA 12-0022
StatusPublished
Cited by5 cases

This text of 2012 MT 212 (In re the Parenting of C.W.) is published on Counsel Stack Legal Research, covering Montana 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 the Parenting of C.W., 2012 MT 212, 291 P.3d 1092, 366 Mont. 278, 2012 WL 4364252, 2012 Mont. LEXIS 288 (Mo. 2012).

Opinion

CHIEF JUSTICE McGRATH

delivered the Opinion of the Court.

¶1 Sarah Louise Wheeldon (Sarah) petitioned for dissolution of her marriage to Corey James Wheeldon (Corey) in the Thirteenth Judicial District, Yellowstone County on April 20, 2009. Following a bench trial, the District Court issued findings of fact, conclusions of law, and a decree of dissolution that dissolved the parties’ marriage and divided the remaining marital estate. Corey appeals the District Court’s division of assets and the court’s order granting Sarah primary residential custody of the parties’ two children. We affirm.

¶2 Corey presents the following issues for review:

¶3 Issue One: Whether the District Court erred by granting Sarah primary residential custody of the children.

¶4 Issue Two: Whether the District Court erred in its division of the parties’ marital assets and liabilities.

PROCEDURAL AND FACTUAL BACKGROUND

¶5 Corey is a deputy sheriff with the Yellowstone County Sheriffs Department (the Sheriffs Department) and lives in Shepherd, Montana. Sarah is currently an agent for the Federal Bureau of Investigation (FBI) with the Behavior Analysis Unit (BAU) and lives near Boston, Massachusetts. Before being hired by the FBI, Sarah lived in Shepherd and worked as a therapist at the Mental Health Center in Billings. The parties were married in July of 2001 and have two children together, C.W. and S.W. Sarah petitioned for dissolution of their marriage on April 20, 2009.

¶6 Corey and Sarah both continued to live in Shepherd and co-parent the children until Sarah left to train for the FBI in February of 2011. The FBI training is a five-month program conducted in Quantico, Virginia, so when Sarah left Shepherd C.W. and S.W. moved in with Corey. Sarah completed her training in August of 2011 and was assigned to the BAU in Boston.

¶7 The District Court held hearings on August 12, August 15, and September 28, 2011. Among the witnesses who testified at trial were the parties, a court services evaluator who had conducted an extensive parenting plan study, and a psychologist who had conducted psychological evaluations of the children. On October 11, 2011, the District Court issued findings of fact and conclusions of law, and three days later it entered a final decree of dissolution of marriage and [280]*280issued a final parenting plan and order.

¶8 Among other things, the court’s orders granted Sarah primary residential custody of the children and divided the marital assets and liabilities. Specifically, the District Court awarded Corey half of the proceeds from the sale of the parties’ marital home, a 2006 Dodge pickup truck, half of the marital portion of his defined benefit retirement account through the Sheriffs Department, and assigned him a debt that the parties incurred to fix the roof of their home before they sold it. The court awarded Sarah half of the proceeds from the sale of the marital home, a 2002 Hundai Sonata, the entire value of her retirement account through the Mental Health Center, half of the marital portion of Corey’s retirement account, and assigned her the entire marital portion of a student loan debt in her name. The court also required Corey to pay Sarah $2,753 as an equalization payment so that each party received a net benefit of $15,200 plus half of the marital portion of Corey’s retirement benefit when he retires.

¶9 After the trial Corey filed a motion to amend the final decree pursuant to M. R. Civ. P. 59(g) or in the alternative to set it aside under M. R. Civ. P. 60(b). The District Court partially granted Corey’s motion to amend the amount of child support that he must pay, but it denied his motion in all other respects. Corey now appeals the final decree of dissolution of marriage and the court’s partial denial of his post-trial motion.

STANDARD OF REVIEW

¶10 We review a district court’s factual findings regarding a parenting plan and the division of marital assets to determine if they are clearly erroneous. In re Marriage of Tummarello, 2012 MT 18, ¶ 21, 363 Mont 387, 270 P.3d 28. A finding is clearly erroneous if it is not supported by substantial evidence, the district court misapprehended the effect of the evidence, or our review convinces us that the district court made a mistake. In re Marriage of Crilly, 2005 MT 311, ¶ 10, 329 Mont. 479, 124 P.3d 1151. We will affirm the district court when the findings of fact are not clearly erroneous unless the court abused its discretion. In re Marriage of Czapranski, 2003 MT 14, ¶ 10, 314 Mont. 55, 63 P.3d 499. A district court abuses its discretion in a dissolution proceeding if it acts arbitrarily without employment of conscientious judgment or it exceeds the bounds of reason resulting in a substantial injustice. Marriage ofTummarello, ¶ 21.

[281]*281DISCUSSION

¶11 Whether the District Court erred by granting Sarah primary residential custody of the children.

¶12 Corey argues on appeal that the District Court misapprehended the effect of the evidence and abused its discretion when it granted Sarah primary residential custody of the children. His argument is primarily based on the fact that living with Sarah means the children will have to move from Shepherd, their life-long home, even though C.W. was diagnosed with an adjustment disorder and all of the children’s friends and family live in Montana. Corey essentially argues that the potentially detrimental effects moving to another state might have on the children did not weigh heavily enough in the court’s determination of what is in the children’s best interests.

¶13 We have routinely held that the district court is in the best position to evaluate the best interests of the children. In re Parenting of N.S., 2011 MT 98, ¶ 18, 360 Mont. 288, 253 P.3d 863. Simply asserting that the district court misapprehended the effect of the evidence will not cause us to abandon this principle. On appeal we will presume that the district court carefully considered all of the evidence and made the correct decision. Parenting of N.S., ¶ 18.

¶14 The District Court specifically addressed relevant parenting factors in its findings of fact, including those listed in § 40-4-212, MCA. Relying heavily upon the parenting plan study, the court found that although moving would require an adjustment, the benefit of living with Sarah in Boston would far outweigh the detriment to the children. Based on substantial evidence, the court found that Sarah has a better understanding of C.W. and S.W.’s emotional needs, is more in-tune with the children, has more time to parent during the school year, and is more likely to ensure both parents have frequent contact with the children. Conversely, the court found that Corey has a very limited understanding of the children’s developmental and emotional needs, has a controlling and rigid parenting style, and isolated C.W. and S.W. from their friends and family when he was the custodial parent.

¶15 After reviewing the record before us, we cannot say the District Court abused its discretion or misapprehended the effect of the evidence. While moving to a new area may be difficult for the children at first, all relevant factors must be considered when determining the children’s best interests. Based on all of the evidence, the court acted well within its discretion when it named Sarah as the primary residential parent.

[282]*282¶16

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Bluebook (online)
2012 MT 212, 291 P.3d 1092, 366 Mont. 278, 2012 WL 4364252, 2012 Mont. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-parenting-of-cw-mont-2012.