Jr v. Tlw, 371 P.3d 570

Parents never married; two children born 2004 and 2006. They shared custody after separation in 2008.
Father filed to establish paternity, custody, visitation, and support in Sept. 2013 when Mother planned to move from Jackson, WY to Bozeman, MT.
Temporary order (Nov. 2013) awarded joint legal custody and temporary residential custody to Mother; Mother moved to Bozeman with the children in Dec. 2013.
Bench trial on custody held Oct. 2014; children did not testify or get interviewed. Guardian ad litem (GAL) recommended Mother as primary custodian.
District court issued a detailed 25‑page order awarding Father primary residential custody, finding Mother’s disparagement and intrusive co‑parenting harmed parent–child relationships and were unlikely to change.
Mother appealed, arguing the court abused its discretion by (1) failing properly to consider the children’s preference, (2) deviating from the GAL without sufficient basis, and (3) improperly changing temporary custody after 18 months in Mother’s care.

Issue	Mother’s Argument	Father’s Argument	Held
Whether court abused discretion in awarding Father primary custody	Mother: Court ignored/overruled children’s preference and lacked basis to favor Father	Father: Court considered statutory best‑interest factors and credible evidence showing Mother’s behavior harms co‑parenting and children	Court: No abuse of discretion; custody award affirmed
Weight to give children’s custodial preference	Mother: Children prefer to live with her; preference should be seriously considered	Father: No direct evidence; children not interviewed or testified; ages (8–9) give limited weight	Court: Mother waived by not offering children’s testimony; even if considered, ages and lack of evidence limit weight
Deviation from GAL recommendation	Mother: GAL recommended Mother; court lacked sufficient basis to depart	Father: Court permissibly rejected GAL’s recommendation based on record showing worsening co‑parenting and parental disparagement	Court: It may reject GAL; district court gave detailed reasons—no abuse of discretion
Changing temporary custody after prolonged period with Mother	Mother: Children lived with Mother 18 months; change unjustified	Father: Temporary orders are provisional; ultimate determination depends on best interests under statutory factors	Court: Temporary custody is not controlling; court properly reevaluated factors and changed custody

Demers v. Nicks, 366 P.3d 977 (Wyo. 2016) (standard of review for custody decisions)
IC v. DW, 360 P.3d 999 (Wyo. 2015) (best‑interests standard and abuse of discretion review)
Stevens v. Stevens, 318 P.3d 802 (Wyo. 2014) (custody review principles)
Blakely v. Blakely, 218 P.3d 253 (Wyo. 2009) (no single statutory factor is determinative)
Dahlke v. Dahlke, 351 P.3d 937 (Wyo. 2015) (children’s preference should be seriously considered when appropriate)
Love v. Love, 851 P.2d 1283 (Wyo. 1993) (factors for weighing child’s custodial preference)
Roberts v. Vilos, 776 P.2d 216 (Wyo. 1989) (factors for evaluating child’s preference)
Curless v. Curless, 708 P.2d 426 (Wyo. 1985) (children’s expressed preference not controlling)
Guy‑Thomas v. Thomas, 344 P.3d 782 (Wyo. 2015) (failure to present evidence waives related appellate argument)
FFJ v. ST, 348 P.3d 415 (Wyo. 2015) (trial court not bound by GAL recommendation)
Montee v. State, 303 P.3d 362 (Wyo. 2013) (finder of fact resolves credibility and conflicts)