Produit v. Produit

2001 WY 123, 35 P.3d 1240, 2001 Wyo. LEXIS 149, 2001 WL 1562445
CourtWyoming Supreme Court
DecidedDecember 10, 2001
Docket01-18
StatusPublished
Cited by22 cases

This text of 2001 WY 123 (Produit v. Produit) 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
Produit v. Produit, 2001 WY 123, 35 P.3d 1240, 2001 Wyo. LEXIS 149, 2001 WL 1562445 (Wyo. 2001).

Opinion

KITE, Justice.

[¶1] Susan Elizabeth Produit (the mother) appeals the district court's divorcee decree which awards Fred Allan Produit, Jr. (the father) custody of the two boys born during the marriage. We affirm.

ISSUES

[¶2] The mother presents a single issue: Did the district court abuse its diseretion when it awarded primary custody of the parties' minor children to the father? That is, was the ruling of the court inconsistent with the evidence, clearly erroneous or contrary to the great weight of the evidence?

The father similarly frames only one issue:

Did the district court have sufficient and material evidence to find that it was in the children's best interest to be in the primary custody of their father?

FACTS

[¶3] The mother and the father were married on April 6, 1991. The couples' first son was born on September 7, 1991, and their second son was born on June 25, 1995. On April 25, 2000, the mother separated from the father, leaving the two boys in the father's care. The eldest child of the marriage has attention deficit hyperactivity disorder (ADHD) for which he receives medication and educational assistance. The mother also has another son, born prior to the marriage and by a different father. At her husband's request, she took this child with her when she left the marital home. 1

[T4] In May of 2000, the father filed a divorcee complaint and a motion for temporary custody of the two children. The mother answered, counterclaimed, and filed a cross-motion for temporary custody. Subsequent to a temporary custody hearing held on June 20, 2000, the district court issued an "Order of Temporary Custody, Visitation, Child Support, and Medical Insurance" awarding the father temporary custody and the mother visitation rights. This temporary order provided in relevant part:

[The [father] shall have temporary care, custody, and control of the parties' minor children subject to the [mother's] rights of visitation, pending final disposition of this matter or until further order of this Court.
*1242 ... [The [mother's] rights of visitation during the pendency of this action shall include every other weekend when Friday is an odd numbered day, from the time the [mother] picks up the children from either the [father] or the babysitter after she gets off work until the following Monday. The [father] will pick up the children from either the babysitter or the [mother] when he gets off work on these Mondays.
... [The [mother] shall have the right to have the minor children with her for one weeknight overnight per week during the pendency of this action, conditioned on the [mother] not working past 8:00 p.m. and being able to pick up the children shortly thereafter.
... [Nleither party shall pay child support to the other during the pendency of this action or until further order of this Court.
... The [mother] shall cover all costs of babysitting for the minor children during the pendency of this action.

[¶5] The father had custody of the two boys from the date of separation April 25, 2000 through the divorcee trial held on October 17, 2000. At trial, the father testified on his own behalf and also called several witnesses including a frequent babysitter for the boys, a friend with whom the father had coached basketball for the boys, a friend who had witnessed an exchange with the mother, and the father's stepmother. The mother testified on her own behalf but called no other witnesses.

[¶6] Subsequent to the evidentiary presentation, the district court made the following comments regarding his conclusions on the issue of custody:

As far as child custody is concerned, it appears to me that both parties are fit and proper parents and capable of raising the children. It seems that the children have been doing reasonably well the last several months, so I think it would be in their best interest to continue with that same arrangement that is set forth in the temporary decree and making that permanent with the [father] to have custody and the [mother] to have the visitation as set forth in that order....

The court further determined, consistent with the temporary custody order and the suggestion of the father's counsel, that in lieu of child support the mother would be required to personally provide and/or pay for necessary babysitting. The record reflects no objection by the mother to this resolution of the child support issue.

[¶7] In the written decree issued December 15, 2000, the only findings the district court made specifically with regard to the custody issue were:

7. Both parents are fit and proper persons to have custody of the minor children of the parties;
8. The arrangements in the Order of Temporary Custody, Visitation, Child Support, and Medical Insurance entered on July 18, 2000 appear to be working reasonably well and it would be in the children's best interests to continue with these arrangements[.]

On these findings, the court ordered the father to be the custodial parent with primary responsibility for the care, control, and supervision of the minor children subject to the mother's rights of summer custody and other visitation. The terms of the ordered visitation were virtually identical to the terms set out in the temporary order, with minor language changes due to the permanent nature of the decree.

[T8] The mother appeals contending the district court abused its discretion by failing to articulate the reasons for the custody award. She also maintains the award constitutes a divided custody arrangement which is not favored by the courts. Lastly, she argues the award is contrary to the great weight of the evidence and ignores the material and uncontroverted fact that she was the children's primary care giver prior to the separation.

STANDARD OF REVIEW

[19] 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 *1243 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) (some citations omitted). 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.

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Cite This Page — Counsel Stack

Bluebook (online)
2001 WY 123, 35 P.3d 1240, 2001 Wyo. LEXIS 149, 2001 WL 1562445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/produit-v-produit-wyo-2001.