442 P.3d 297
Wyo.2019Background
- Mother and Father executed a stipulated custody order in August 2015 granting Mother primary residential custody and shared legal custody; Father sought modification in September 2017 alleging a material change in circumstances.
- Father alleged Mother was unstable: multiple jobs and residences, numerous romantic relationships, emotional volatility, an unclean home, and many pets.
- Two incidents involving Mother’s boyfriend Mr. W were central: (1) May 2017—D sustained bruises to his buttocks while Mother was away (Mother later suspected Mr. W); (2) September 2017—a confrontation between Mother and Mr. W in D’s presence; Mother soon thereafter miscarried and Mr. W moved out.
- At the May 2018 hearing evidence showed cooperative co-parenting, regular communication about D, and no ongoing incidents of harm to D after Mr. W left; Mother obtained steady full-time employment with benefits and lived in appropriate housing.
- The district court found the bruising likely caused by Mr. W but regarded it as an isolated incident, noted Mother’s steps to address mental-health issues, and concluded there was no material change in circumstances warranting modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a material change in circumstances since the 2015 custody order sufficient to reopen custody | Father: Mother’s instability (jobs, homes, relationships), incidents of abuse (including D’s bruising), and inferior financial/stability compared to Father constitute a material change | Mother: Changes are temporary or resolved (steady job, safer home, boyfriend gone), D has not suffered ongoing harm, and parents co-parent cooperatively—no material change | Court: No abuse of discretion; facts showed isolated incidents, Mother improved, cooperation maintained, so no material change found |
Key Cases Cited
- Kappen v. Kappen, 341 P.3d 377 (Wyo. 2015) (standard of review for custody decisions: abuse of discretion and viewing evidence in light most favorable to prevailing party)
- Jacobson v. Kidd, 426 P.3d 813 (Wyo. 2018) (two-step test: threshold showing of material change required before court may modify custody)
- ELA v. AAB, 382 P.3d 45 (Wyo. 2016) (appellate court will not retry facts on appeal)
- Yates v. Yates, 81 P.3d 184 (Wyo. 2003) (court will not consider issues raised for first time on appeal)