341 P.3d 377
Wyo.2015Background
- Parents divorced in 2010; mother (Darla) awarded primary physical and legal custody of GK; father (Jim) given standard visitation.
- In Jan 2018 mother was convicted of petty larceny for stealing a coworker’s cell phone and lost her long‑time job; she remained financially solvent due to savings and later married Garrett Kato.
- Mother moved GK from Lingle, WY to Denver without prior notice to father; father filed to modify custody while GK was with him for summer visitation and obtained temporary custody pending a merits hearing.
- District court found a material change in circumstances (mother’s job loss/conviction, dating history, remarriage, and moves) and modified custody, awarding primary custody to father; mother appealed.
- Supreme Court majority reversed, holding father failed to prove a material change affecting GK’s welfare; two justices dissented arguing the court should have deferred to the district court.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether a material change in circumstances occurred to reopen custody | Mother’s relocation, job loss, conviction, dating, remarriage, and moves show instability that affects GK’s welfare | Relocation and other events did not materially affect GK’s welfare; mother remained able to provide and many changes were neutral/beneficial | Reversed — father failed to show a material change affecting the child’s welfare; district court abused discretion |
Key Cases Cited
- Arnott v. Arnott, 293 P.3d 440 (Wyo. 2012) (relocation by custodial parent is not presumptively a material change; adopt multi‑factor test)
- In re TLJ, 129 P.3d 874 (Wyo. 2006) (material‑change threshold before best‑interest factors; abuse‑of‑discretion review)
- Jackson v. Jackson, 96 P.3d 21 (Wyo. 2004) (burden on moving party to show material change and best interests; caution against frequent custody changes)
- Reavis v. Reavis, 955 P.2d 428 (Wyo. 1998) (stability in child’s environment is paramount)
- Kreuter v. Kreuter, 728 P.2d 1129 (Wyo. 1986) (res judicata considerations and material‑change threshold)