Summary 2007 WY 153

Summary of Decision issued September 25, 2007

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Case Name: Prickett, n/k/a Wendelin v. Prickett

Citation: 2007 WY 153

Docket Number: 06-282

Appeal from the District Court of Goshen County, the Honorable Keith G. Kautz, Judge

Representing Appellant (Plaintiff): Eric Eugene Jones, Wheatland, Wyoming.

Representing Appellee (Defendant): Ronald G. Pretty, Cheyenne, Wyoming.

Issues: Whether the district court’s finding that the State of Nebraska did not have jurisdiction of the child custody case was contrary to the evidence. Whether the district court’s finding that Wyoming was the most convenient forum for child custody and visitation was arbitrary and capricious.

Facts/Discussion: Mother claims that the district court erred in its decision that Wyoming, not Nebraska, retains exclusive, continuing jurisdiction pursuant to Wyo. Stat. Ann. § 20-5-302 over custody and visitation issues arising form the parties’ Wyoming divorce decree.
Standard of Review: The Court reviews a district court’s decision regarding its jurisdiction in child custody matters de novo. In contrast, they review a court’s decision whether or not to decline jurisdiction under the inconvenient forum provisions of Wyo. Stat. Ann. § 20-5-307 for an abuse of discretion.
The case required the Court to apply Wyoming’s version of the UCCJEA. The district court determined that the two part test of Wyo. Stat. Ann. § 20-5-302(a)(i) was not met because although Mother and children moved to Nebraska, Father continued to live in Wyoming.
The district court found that Wyoming was not an inconvenient forum. This was based on the factual findings which the Court found to be supported by evidence in the record.
Nebraska allows foreign custody orders to be registered in the state to ease enforcement of those orders. The district court properly recognized the distinction between Father consenting to registration of his Wyoming custody order and consenting to Nebraska taking jurisdiction.
The Court also noted that Nebraska had also adopted the UCCJEA with jurisdictional requirements nearly identical to those set forth in Wyo. Stat. Ann. §§ 20-5-301 to 20-5-310. There was no evidence in the record that the Nebraska jurisdictional requirements had been satisfied.

Holding: The district court maintained exclusive, continuing jurisdiction to resolve custody and visitation issues arising from the parties’ original Wyoming divorce decree. The Court found no abuse of discretion in the district court’s determination that Wyoming remained an appropriate jurisdictional forum.

Affirmed.

J. Burke delivered the opinion.

Link: http://tinyurl.com/32xldn .