Summary 2007 WY 84

Summary of Decision issued May 21, 2007

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Case Name: Gray v. Pavey

Citation: 2007 WY 84

Docket Number: 06-277

Appeal from the District Court of Converse County, the Honorable John C. Brooks, Judge

Representing Appellant (Respondent): Cole N. Sherard, Wheatland, Wyoming.

Representing Appellee (Petitioner): James A. Hardee, Douglas, Wyoming.

Issue: Whether the district court abused its discretion by awarding custody of the parties’ minor child (C.G.) to her father, John Pavey.

Facts/Discussion: Mother (Gray) appeals from an order modifying child custody.
Standard of Review: The Court reviews a district court’s order on a petition to modify custody, visitation, and child support for an abuse of discretion.
Father bore the burden of demonstrating that a material and substantial change of circumstances affecting the child’s welfare has occurred and the modification would be in the child’s best interest. The Court reviewed the record and found there was sufficient evidence presented to demonstrate a material change in circumstances and that an award of primary custody to Father was in the best interests of the child. The district court heard evidence favorable and unfavorable to both parents.

Holding: After considering all of the evidence before it, the district court determined that Father was better able to provide an environment which could meet C.G.’s emotional, developmental, and educational needs. Sufficient evidence existed in the record to support the decision. As a result, the Court could not say that the court abused its discretion in this matter.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/38xye8 .