Justia Family Law Opinion Summaries

The case in question concerns the termination of parental rights and involves Chelsey Marie Smith (the Mother) who appealed the decision of the district court granting the Wyoming Department of Family Services’ (the Department) petition to terminate her parental rights to her children, under Wyo. Stat. Ann. § 14-2-309(a)(iii) and (v) (2023). The children were initially removed from the Mother's care due to neglect, and despite the Department's efforts to rehabilitate the family, the Mother was unable to consistently abide by the objectives set out in the Department’s case plan.The Supreme Court of Wyoming affirmed the district court's decision, concluding that clear and convincing evidence supported that the Department made reasonable but unsuccessful efforts to rehabilitate the Mother and reunify her with the children under Wyo. Stat. Ann. § 14-2-309(a)(iii). The court noted that while the Mother had a fundamental right to raise her children, the children also had a right to stability and permanency in their family relationships. View "In the Matter of the Termination of Parental Rights To: Pml and Egl, Minor Children v. State of Wyoming, Ex Rel. Department of Family Services" on Justia Law

In this case heard by the Supreme Court of Wyoming, the appellant, Benjamin David Wilson, was charged with second-degree sexual abuse of a minor and third-degree sexual abuse of a minor, following allegations involving his stepdaughter, K.P. The jury acquitted him of the second-degree charge but found him guilty of the third-degree charge. Wilson appealed his conviction, arguing that the evidence presented was insufficient for a conviction on the third-degree charge.The facts presented to the court included K.P.'s testimony that Wilson had inappropriately touched her during a family event. Wilson denied the allegations, providing an alternative account of the incident. Despite this, the jury found him guilty of third-degree sexual abuse of a minor, leading to a sentence of 10 to 15 years in prison.In response to Wilson's appeal, the court affirmed the conviction. It stated that the jury's acquittal on one charge did not necessarily impact the verdict on the other charge. The court indicated that each charge was treated as a separate indictment, and verdicts on multiple charges did not need to be consistent. When reviewing the sufficiency of the evidence, the court considered the evidence in the light most favorable to the State, affirming Wilson's conviction based on K.P.'s testimony. View "Wilson v. State" on Justia Law

In this case, the Supreme Court of Wyoming heard an appeal by Rodger William Dillard, who contested the termination of his parental rights to his three minor children. Dillard had initially adopted his grandchildren after their biological parents' rights were terminated. After Dillard's wife, who had custody of the children, passed away, allegations of sexual abuse were made against Dillard by two of the children. Dillard was then charged with multiple counts of sexual abuse of a minor.The Department of Family Services initially aimed to reunify the children with Dillard. However, after more than a year in the Department's custody, the plan was changed to adoption due to Dillard's lack of progress in meeting the requirements of his Family Service Case Plan. Dillard was eventually sentenced to concurrent sentences of three to five years for two counts of sexual abuse of a minor. Following this, the Department filed a petition to terminate Dillard's parental rights.The district court found that termination was in the best interest of the children, as Dillard was unfit to meet their ongoing physical, mental, and emotional needs. Dillard appealed this decision, arguing that the Department had not made reasonable efforts to reunify him with the children.However, the Supreme Court of Wyoming affirmed the district court's decision to terminate Dillard's parental rights. The Court held that Dillard's incarceration due to his felony convictions for sexual abuse of a minor demonstrated his unfitness to have custody and control of the children. The Court therefore affirmed the termination of Dillard's parental rights under the provision of Wyo. Stat. Ann. § 14-2-309(a)(iv), which allows for termination of parental rights if the parent is incarcerated due to a felony conviction and is shown to be unfit for custody and control of the child. View "In re Termination of Parental Rights To: Mmd, Jid and Drd v. State, Ex Rel. Department of Family Services" on Justia Law

The case involves a mother appealing against a juvenile court's ruling that she neglected her infant son, AE. The infant was born prematurely and consistently underweight. Despite numerous hospitalizations and health professional instructions, the child's weight did not significantly increase while under the parents' care. However, the child showed substantial weight gain while hospitalized. The State filed a petition alleging that the parents neglected AE by failing to provide adequate care necessary for the child's well-being. The juvenile court ruled in favor of the State concerning the mother, but not the father, due to insufficient evidence against him.The Supreme Court of Wyoming affirmed the lower court's decision. The court found that the evidence of the child's ability to gain weight in a hospital setting versus his home was enough to support the neglect adjudication against the mother. The court stressed that although the mother followed medical instructions and took AE to medical appointments, the child's failure to thrive at home pointed to neglect. This case demonstrates that the courts assess neglect based on the child's well-being and not necessarily on the intent or efforts of the parents. View "In the Interest of A. E. v. The State of Wyoming" on Justia Law

In the Supreme Court of Wyoming, a case involving minor children was brought forward by their parents, MK and JP-W, against the State of Wyoming. The parents challenged the juvenile court's decision to change the permanency plan for their five children from family reunification to adoption or guardianship. The parents had separated, and the children were taken into protective custody after the father was arrested for aggravated assault.The court affirmed the juvenile court's decision, stating that the Department of Family Services (DFS) had made reasonable efforts to reunify the family without success and that reunification was no longer in the children's best interest. The court found that both parents had significant obstacles to providing suitable environments for the children. The father struggled to obtain appropriate housing and had inconsistent communication with the DFS, while the mother had issues related to domestic violence and failed to complete necessary paperwork concerning past abuse allegations.Additionally, the court rejected the mother's argument that the DFS had violated her due process rights by employing the Interstate Compact on the Placement of Children (ICPC) mechanism to assess her fitness for placement. The court also rejected the claim that the Guardian ad Litem (GAL) should not have been allowed to prove the grounds for the permanency change. Finally, the court found no violation of Mother's due process rights in admitting evidence and witness testimony by the GAL that was not disclosed until shortly before the permanency hearing. The court determined that the parents had been given adequate opportunity to cross-examine witnesses, call their own witnesses, and present their case for reunification. View "MK v. The State of Wyoming" on Justia Law

In this case, Shaun T. Kobielusz appealed his convictions of three counts of voyeurism. Kobielusz contended that there was insufficient evidence of the element of “looking” for the jury to convict him of voyeurism, that the jury instruction given on the elements of voyeurism was improper, and that the district court erred when it denied his motion to suppress videos on a memory card given to law enforcement by his wife. The Supreme Court of Wyoming disagreed with Kobielusz's claims. They determined that the voyeurism statute does not require proof of “looking” at the captured images for a conviction. They also found that the jury instruction did not violate a clear and unequivocal rule of law. Lastly, they affirmed the district court's decision to deny Kobielusz's motion to suppress the videos, concluding that his wife had common authority over the memory cards and had the right to consent to their search. Therefore, the court affirmed Kobielusz's conviction. View "Kobielusz v. Wyoming" on Justia Law

In the Supreme Court of the State of Wyoming, the appellant, Rachel E. Bennett, appealed a district court decision that held her in contempt of court for failing to adhere to several provisions of a divorce decree. The decree involved her ex-spouse, Matthew J. Bennett, and outlined certain responsibilities concerning their two minor children. These responsibilities included equally sharing uninsured medical expenses for their children, following all medical directives regarding the children's health, and consulting each other before making any non-emergency decisions about the children's health, education, or welfare.The district court found Rachel in contempt for failing to pay her half of the uninsured medical bills, not adhering to medical directives for their oldest child, and reengaging the children in counseling without seeking Matthew's advice or consent. The Supreme Court of Wyoming affirmed the district court's decision, finding no error in the lower court's judgment that Rachel had willfully disobeyed the provisions of the decree. They held that the district court did not abuse its discretion in its findings, and that it could reasonably conclude as it did based on the testimony presented by both parties. View "Bennett v. Bennett" on Justia Law

In the case before the Supreme Court of Wyoming, Todd Andrew Domenico and Josie Daniel, formerly married, were in a dispute over custody of their two children. The couple divorced in 2018, with the court awarding joint legal custody to both parents and primary physical custody to the father. In 2020, the mother filed for a modification of the decree, requesting primary physical custody of the children. The district court maintained primary physical custody with the father and increased the mother's visitation rights. Both parents appealed this decision.The Supreme Court found that the district court abused its discretion in several aspects. First, it erred in denying a psychological evaluation of the mother and prohibiting inquiry into her mental health. The mother's mental health was directly relevant to determining the best interest of the children. Second, the court's factual conclusions were insufficient to support its visitation determinations. The findings did not provide enough specifics or detail to clarify the reasoning behind the decisions, particularly regarding the extension of the mother's summer visitation and the removal of the requirement for the mother to provide qualified caregivers for the severely autistic child. Third, the court erred in failing to designate one parent as the final decision-maker on issues of the children's welfare, particularly medical decisions. The court's refusal to resolve the parents' impasse over medical decision-making was harmful to the children. Lastly, the district court abused its discretion in refusing to consider allegations of the mother's psychological abuse of one child after the evidence had closed.The Supreme Court affirmed the district court's decision to not modify physical custody of the children, and it did not exceed its jurisdiction when it prohibited the mother from obtaining a psychological evaluation of the children. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "Daniel v. Domenico" on Justia Law

The Supreme Court of Wyoming upheld a lower court's decision to grant a divorce, award the mother custody of two minor children, order the father to pay child support, and divide the marital property between the parties. The father had appealed the decision, challenging the court's division of property and its child support and custody decisions. The father and mother had been married since 2015 and had two children. The father was self-employed at a trucking company, and the mother stayed home with the children and homeschooled one of them. The court found that both parties could provide adequate care for the children, but that the mother had been their primary caretaker. The court also concluded that it was in the children's best interest for the mother to have custody. The court determined the father's net monthly income for child support purposes and ordered him to pay the mother monthly alimony for a period of time. The court also divided the marital property, awarding the mother more property because she had left established employment to be a homemaker and caretaker for the children. The Supreme Court determined that these decisions were a reasonable exercise of discretion by the lower court and affirmed the decision. View "Hyatt v. Hyatt" on Justia Law

In a divorce case, the appellant, Mr. James Baker, contested the decree entered by a successor district judge after the original district judge who presided over the trial retired. Mr. Baker argued that the successor judge violated his right to due process by making findings of fact and conclusions of law without a formal certification under the Wyoming Rules of Civil Procedure (W.R.C.P.) 63.The Supreme Court of Wyoming concluded that Mr. Baker had waived his right to object to the successor judge's procedure. During a status conference, in which the successor judge proposed to proceed with determining the case based on the trial transcripts, Mr. Baker's counsel affirmed this approach and requested the court to make a ruling based on the existing record. Therefore, the court ruled that Mr. Baker intentionally relinquished his right to object to the successor judge's procedure, constituting a waiver.The court also clarified that the language in W.R.C.P. 63 does not necessitate the successor judge to advise the parties of their rights under the rule. The court found no authority supporting an affirmative duty for the successor judge to do so. Hence, the court affirmed the decree of divorce entered by the successor district court judge. View "Baker v. Baker" on Justia Law