Js v. Mb

2010 WY 114, 237 P.3d 974, 2010 Wyo. LEXIS 122, 2010 WL 3125961
CourtWyoming Supreme Court
DecidedAugust 10, 2010
DocketS-09-0200
StatusPublished

This text of 2010 WY 114 (Js v. Mb) 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
Js v. Mb, 2010 WY 114, 237 P.3d 974, 2010 Wyo. LEXIS 122, 2010 WL 3125961 (Wyo. 2010).

Opinions

[975]*975HILL, Justice.

[T1] Appellant, JS ("Father"), challenges the district court's order requiring the parties to exchange child visitation on a weekly basis when the child reaches age five in 2018. We affirm the district court.

ISSUE

[12] Father lists one issue:

Was the district court's Order Regarding Custody, Visitation, and Support ordering the parties to alternate weeks with the child beginning at age 5, an abuse of discretion that does not serve the child's best interests?

FACTS

[13] In 2007, Appellee, MB ("Mother"), and Father were involved in a relationship and conceived a child. During Mother's pregnancy, the relationship ended. The parties' son was born in 2008. On August 12, 2008, Father filed an action to establish paternity and sought custody of his son.

[14] A two-day trial was held, the first day on March 12, 2009, and the second on May 22, 2009. After the first day, the court entered an order establishing paternity and giving temporary custody to Mother. After the second day, the court awarded Father "primary legal and physical custody" of the parties' son. Mother was awarded visitation, which begins every Saturday at 9 am. and ends on Tuesdays at 6 p.m. The order provided that, "[when the child attains 5 years of age, the mother and father shall alternate weeks with the mother and father exchanging the child on Sundays at 5:00 pm." Father appealed, challenging only this provision of the order.

STANDARD OF REVIEW

[1-7] [15] We review a district court's custody determination according to the following standards:

Child custody decisions are within the sound discretion of the trial court....
It has been our consistent principle that in eustody 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, 481 (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 material factor deserving significant weight is ignored." "

Eickbush v. Eickbush, 2007 WY 179, ¶ 9, 171 P.3d 509, 511 (Wyo.2007) (citations omitted).

DISCUSSION

[16] In his only issue, Father argues that the district court abused its discretion by ordering what amounts to shared custody, although each party sought primary custody.1 Father complains that the district court erred in ordering the arrangement, which is to take place in 2013, without a separate hearing to determine the child's best interests at that time. Father also submits that because of their inability to communicate, the parties have not demonstrated the ability to succeed in a shared custody arrangement.

[T7] In response, Mother contends that there was no abuse of discretion and disagrees that this is a shared custody case because Father was awarded primary legal and physical custody. Mother asserts that the district court provided detailed findings and reasoning for its decision-for instance, [976]*976that Mother was the primary caregiver throughout the child's life, the age of the child, the fact that the child has a half-brother, and the fact that in 2018, the child will be school-aged. Mother also argues that the parties' inability to communicate is accounted for by the order of structured visitation.

[T8] Although Father does technically hold primary custody of the parties' child, the schedule set by the district court does amount to sharing the time of the child almost equally.2 The visitation awarded to Mother is indeed liberal. There is statutory discretion for a district court to order visitation, "in enough detail to promote understanding and compliance," as "it deems in the best interests of each child." Wyo. Stat. Ann. § 20-2-202(a)(i) (LexisNexis 2009).

[T9] In this case, as per the court order, the sharing is of visitation, not of custody. Undeniably, however, the parties must operate in terms of visitation as they might if the court had ordered shared custody. In Buttle v. Buttle, 2008 WY 135, 196 P.3d 174 (Wyo.2008) we restated our shared custody precedent:

We have repeatedly said that divided or shared custody is not favored by this Court absent good reason therefore." Eickbush, ¶ 11, 171 P.3d at 512. We have explained that "stability in a child's environment is of utmost importance to the child's well-being," Reavis, 955 P.2d at 432, while "a measure of instability is inherent" in joint custody arrangements. [Gurney v. Gurney, 899 P.2d 52, 55 (Wyo.1995)]. We have emphasized that the "success of a joint or shared custody arrangement hinges on the extent to which the parents are able to communicate and agree on the matters relevant to the children's welfare. Reavis, 955 P.2d at 433.

Id. ¶ 31, 196 P.3d at 181-184.

[110] When a district court's exercise of discretion in custody matters involves splitting custody of children between parents or other unconventional custody approaches, such as liberal visitation that amounts to equally splitting the child's time, we have said that it must provide an explanation of its reasoning and place its findings on the record so that, upon review, this Court can be certain that a comprehensive evaluation of all relevant factors occurred prior to determining custody. Pace v. Pace, 2001 WY 43, ¶ 17, 22 P.3d 861, 867 (Wyo.2001). In this case, the district court found as follows:

4(a). Regarding the quality of the relationship the child has with each parent: the Court finds that the minor child has a good relationship with his mother. The relationship with the father has been limited, not because of the father's unwilling ness or inability but simply a lack of access to the child....
4(b). Regarding the ability of each parent to provide adequate care for the child throughout each period of responsibility, including arranging for the child's care by others as needed, it would appear both parents are able to provide adequate care for the child throughout the period of responsibility and arrange for the care by others as needed. There is some concern as to some of the choices that the mother has made in terms of individuals that have cared for the child at times.
4(c). Regarding the relative competency and fitness of each parent, both parents appear competent and fit.
4(d).

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Cite This Page — Counsel Stack

Bluebook (online)
2010 WY 114, 237 P.3d 974, 2010 Wyo. LEXIS 122, 2010 WL 3125961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/js-v-mb-wyo-2010.