Lopez v. Lopez

2005 WY 88, 116 P.3d 1098, 2005 Wyo. LEXIS 102, 2005 WL 1863824
CourtWyoming Supreme Court
DecidedAugust 8, 2005
Docket04-232
StatusPublished
Cited by11 cases

This text of 2005 WY 88 (Lopez v. Lopez) 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
Lopez v. Lopez, 2005 WY 88, 116 P.3d 1098, 2005 Wyo. LEXIS 102, 2005 WL 1863824 (Wyo. 2005).

Opinion

BURKE, Justice.

[¶ 1] Ms. Lopez (Mother) challenges the decree of divorce entered by the district court. She claims that the district court abused its discretion when it awarded Mr. Lopez (Father) primary custody of the parties’ two children. We affirm.

ISSUE

[¶ 2] The parties present only one issue for resolution:

1. Did the district court abuse its discretion when it awarded Father primary custody of the children?

FACTS

[¶ 3] Mother and Father were married June 12, 1993. They have two children, an 11 year-old daughter and a 5 year-old son. Father initiated the divorce action. Mother counterclaimed. Both parties sought primary custody of the children. After trial, the district court issued a decision letter awarding primary custody of the children to Father. A decree of divorce in conformity with the decision letter was entered on September 28, 2004. This appeal followed. We will set forth additional facts as necessary in our discussion.

STANDARD OF REVIEW

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

Custody matters are committed to the sound discretion of the trial court. The welfare and needs of the children are to be given paramount importance. We will not overturn the decision of the trial court *1100 unless we are convinced that it constitutes an abuse of discretion or violates some legal principle. 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. Our review includes an evaluation of the evidence to support the trial court’s decision, and we afford the prevailing party every favorable inference while omitting any consideration of evidence presented by the unsuccessful party. We cannot sustain findings of fact that are not supported by the evidence, contrary to the evidence, or against the great weight of the evidence. An abuse of discretion is present when a material factor deserving significant weight is ignored .... Every case requires careful weighing of relevant factors, looking to the unique and individual family relationships, in order to reach a resolution that is in the best interests of the children. To determine whether a district court has abused its discretion, we must rely upon the district court’s articulation of the factors that were considered and how those factors support its conclusions.

Donnelly v. Donnelly, 2004 WY 72, ¶ 19, 92 P.3d 298, ¶ 19 (Wyo.2004).

DISCUSSION

[¶ 5] Mother contends that the district court abused its discretion in awarding custody to Father. She claims that the evidence at trial established that she was the primary caretaker and financial provider. She contends that she is in the best position to provide the children with a stable home environment to which the children are accustomed. She argues that she is the parent who can best fulfill the obligations and responsibilities of the custodial parent. Mother also asserts that the custody award imper-missibly punished her because she allowed her boyfriend (Mr. Ortega) to move in with her and the children shortly after the parties separated.

[¶ 6] Father contends that the district court did not abuse its discretion. He asserts that the facts, as determined by the district court, support the custody decision. We agree with Father.

[¶ 7] We begin our analysis with reference to the record presented for our review. The record is sparse. It consists only of the pleadings filed by the parties, the court’s decision letter and the decree of divorce. Mother is required to provide a sufficient record to this Court to allow proper evaluation of the custody decision. Beeman v. Beeman, 2005 WY 45, ¶ 10, 109 P.3d 548, ¶ 10 (Wyo.2005). Mother has failed to provide a transcript of the trial, and has not submitted a statement of the evidence pursuant to W.R.A.P. 3.03. 1 “When this Court does not have a properly authenticated transcript before it, it must accept the trial court’s findings of fact upon which it bases any decisions regarding evidentiary issues.” Burt v. Burt, 2002 WY 127, ¶ 7, 53 P.3d 101, ¶ 7 (Wyo.2002). “In the absence of anything to refute them, we will sustain the trial court’s findings, and we assume that the evidence presented was sufficient to support those findings.” Beeman, ¶ 10.

[¶ 8] In light of the limited record before us, the decision letter necessarily becomes the focus of our review. The letter is fourteen pages in length, much of which is devoted to the court’s custody determination. The letter is detailed and thorough. It provides a cogent analysis and explanation of the decision reached by the district court.

[¶ 9] The district court identified the appropriate factors for consideration in its custody decision as required by Wyo. Stat. Ann. *1101 § 20-2-201(a) (LexisNexis 2003). 2 The court set forth in significant detail its factual findings and applied those findings to the appropriate legal considerations in reaching its custody determination.

[¶ 10] In its decision letter, the district court recounted evidence that favored both parties. The court found that both parents were fit and proper parents and that both were willing to accept the responsibility of parenting. The court noted that both parents “... love their children and both are capable of providing for their basic needs.” The court recognized that “... both parents have demonstrated a willingness to allow the other to provide care and this Court is not concerned about the parties’ ability to facilitate visitation.”

[¶ 11] The court identified several factors that supported Mother’s position. It noted that Mother “... served as [daughter’s] primary caretaker and, perhaps, even [son’s], for a time.” The court recognized that Mother was the primary income provider for the family and that she was “... dedicated to her company.” The court commended Mother for her involvement in numerous social activities and community service groups. According to the court, Mother is a positive role model for the children.

[¶ 12] However, the court also identified several factors that undermined Mother’s position. Mother’s dedication to her business and her involvement with social activities and community service groups reduced her availability to her children. Despite her efforts, Mother’s business is on shaky financial ground and faces a battle for survival. The court found that Mother “... is less able to parent given her hectic work demands.”

[¶ 13] The court found that Mother is, at times, “... inconsiderate, demanding, and judgmental.” Additionally, the evidence established that alcohol negatively impacted Mother’s relationship with her children. According to the court, “... Ms. Lopez has demonstrated a pattern of putting alcohol ahead of her children; there were numerous incidents of Ms. Lopez being drunk and its impact on her children’s lives.”

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Bluebook (online)
2005 WY 88, 116 P.3d 1098, 2005 Wyo. LEXIS 102, 2005 WL 1863824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-lopez-wyo-2005.