Jeffrey R. Arnott v. Paula a/k/a Polly A. Arnott
2012 WY 167
| Wyo. | 2012Background
- Marriage in 2001; divorce in 2010; Mother awarded primary physical custody with Father visitation.
- Children: AGA (b. 2003) and ALA (b. 2005); parenting plan contemplated joint legal custody, Mother’s primary physical custody.
- July 8, 2011: Mother seeks to relocate to Mechanicsville, Virginia with children; August 13, 2011 move contemplated.
- Father petitions for modification alleging relocation as material change in circumstances; district court held strong presumption in favor of relocation despite Watt framework.
- Court allowed relocation with expanded visitation but found no material change warranted modification of custody; relocation distance exceeded 2,000 miles; Mother moved post-judgment; matter remanded for proper analysis under new standard.
- Standard of review and statutory framework affirm that relocation can be a material change if analyzed under best interests, not automatic presumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can interstate relocation alone be a material change in circumstances? | Arnott argues Watt errors; relocation can be substantial change. | Arnott argues Watt/precedent foreclose such change; relocation alone not sufficient. | Overruled Watt; relocation may constitute material change. |
| Does Watt violate constitutional rights to parental rights or equal protection? | Arnott contends Watt undermines rights to raise children. | Mother argues constitutional rights not violated; Watt should stand. | Wyoming must balance rights; Watt overruled; reassess under best interests. |
| Was the district court’s visitation plan reasonable given 2,140 miles? | Arnott asserts substantial burden on visitation; needs closer relation. | Visitation can be adjusted; relocation can coexist with adequate visitation. | Remand for reconsideration of visitation framework consistent with new standard. |
Key Cases Cited
- Love v. Love, 851 P.2d 1283 (Wyo. 1993) (relocation without presumptive bar to modification; factors for best interests; motives and visitation)
- Watt v. Watt, 971 P.2d 608 (Wyo. 1999) (presumption in favor of relocating custodial parent; relocation alone not enough for change in custody; constitutional rights balanced)
- JRS v. GMS, 90 P.3d 718 (Wyo. 2004) (relocation may be material; remand to address best interests; not automatic)
- Love v. Love (see above), 851 P.2d 1283 (Wyo. 1993) (relocation factors; best interests standard; motive and visitation)
- Tropea v. Tropea, 665 N.E.2d 145 (N.Y. 1996) (oppose presumptions; consider multiple relocation factors; best interests of child)