357 P.3d 749
Wyo.2015Background
- Original custody order: joint legal custody, Mother has primary physical custody with Father visitation.
- Father moved near Evanston; Mother moved TM to Layton, Utah, then planned to relocate to College Station, Texas (≈1,400 miles).
- Mother informed Father of relocation during custody disagreements; Father amended petition seeking primary physical custody.
- A trial occurred May 7, 2014; district court found relocation a material change in circumstances and in TM’s best interests, Father to have primary custody.
- Mother appealed; Wyoming Supreme Court affirmed the district court’s material-change finding and custody modification.
- Courts recognized relocation can create new issues not present at original decree, warranting reevaluation under Arnott framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did relocation constitute a material change in circumstances? | Cook argues relocation is not material. | Moore argues relocation creates material change under Arnott. | Yes, relocation created material change warranting reconsideration. |
Key Cases Cited
- Arnott v. Arnott, 2012 WY 167 (Wy. 2012) (recognizes relocation can create material change in custody proceedings)
- Kappen v. Kappen, 2015 WY 3 (Wy. 2015) (distinguishes relocation impact and cautions against presuming no change)
- Olsen v. Kilpatrick, 2007 WY 103 (Wy. 2007) (acknowledges ability to affirm on proper legal grounds beyond explicit findings)
- Walker v. Walker, 2013 WY 132 (Wy. 2013) (standard for reviewing custody decisions; defer to district court findings)