Latoya L. Adams F/K/A Latoya L. Gallegos v. Dominick A. Gallegos
2025 WY 71
| Wyo. | 2025Background
- LaToya Adams (Mother) and Dominick Gallegos (Father) are divorced, and Father has primary physical custody of their minor children via a district court order.
- The order permits Mother visitation only as Father "deems safe and appropriate" and instructs both parties to follow recommendations from the children’s counselors regarding visitation.
- Mother filed a motion to hold Father in contempt for allegedly not complying with the custody order by denying her visitation.
- The district court found that Father, acting both on a therapist's recommendation and his "good faith belief," was justified in restricting Mother’s visitation due to concerns for the children’s safety.
- Mother appealed, submitting procedurally deficient filings, failing to designate a record on appeal, and not making cogent legal arguments as required by the court’s rules.
- The Wyoming Supreme Court reviewed the case with no record, no appellee brief, and only an order from the court below, leading to summary affirmance of the lower court’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father was in contempt for denying visitation | Father violated custody order | Restrictions were due to safety and therapist advice | No contempt; Father followed court order |
| Whether the appeal was procedurally sufficient for review | Brief and filings adequate | N/A (no brief filed by Father) | Appeal procedurally deficient; summarily affirmed |
| Whether the record on appeal supported reversal | Facts support Mother | N/A | No record provided; decision presumed lawful |
| Whether Mother’s arguments were supported by authority | Cited statutes/cases | N/A | No cogent, developed legal argument |
Key Cases Cited
- Anderle v. State, 522 P.3d 151 (Wyo. 2022) (court can summarily affirm if brief is deficient)
- Hodson v. Sturgeon, 406 P.3d 1264 (Wyo. 2017) (pro se parties have some leniency but must follow rules)
- Orcutt v. Shober Inv., Inc., 69 P.3d 386 (Wyo. 2003) (appellant must furnish a complete record for appeal)
- Cor v. Sinclair Servs. Co., 402 P.3d 992 (Wyo. 2017) (procedural requirements promote organized appellate review)
- Hamburg v. Heilbrun, 891 P.2d 85 (Wyo. 1995) (lack of cogent argument or pertinent authority warrants summary affirmation)
- Small v. Convenience Plus Partners, Ltd., 6 P.3d 1254 (Wyo. 2000) (same)