Summary 2009 WY 106

Summary of Decision issued August 24, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: In re: DMW and ALW

Citation: 2009 WY 106

Docket Number: S-08-0217

Appeal from the District Court of Hot Springs County, the Honorable Gary P. Hartman, Judge.

Representing Appellants AW and LW: W. Keith Goody, Cougar, Washington.

Representing Appellee TLW: Douglas F. Schultz and James K. Lubing of James K. Lubing Law Office, Jackson, Wyoming.

Facts/Discussion: Grandparents appealed from the district court’s order granting permanent guardianship and conservatorship of DMW and ALW (the Boys) to TLW (Stepmother). Father and the Boys were living with Grandparents in Ohio when Father was killed in a car accident in 2007. Stepmother was living in Wyoming. Stepmother and Father were estranged at the time of his death. Stepmother was granted temporary guardianship in 2007. After a hearing in 2008, the district court ruled that Biological Mother was not fit to parent the boys and consequently, a guardian needed to be appointed. The district court concluded it was in the Boys’ best interests to appoint Stepmother as guardian.
Due process: Grandparents claimed they were entitled to notice in the case because they were the Boys’ custodians after Father died. Grandparents attempted to lump their rights in with Biological Mother’s via the Court’s decision in MEO. However, Biological Mother did not appeal from the district court’s order so the Grandparents do not have standing to assert her position. Grandparents did not cite to any authority stating that they would have the same fundamental rights as parents to notice and opportunity to be heard before a temporary guardianship may be established.
Best interests of children: Under Wyoming’s guardianship statutes, the district court may appoint a guardian for a proposed minor ward when the necessity has been proven by a preponderance of the evidence. In July 2007, Father had written a letter that included his notarized signature, giving temporary custody of the Boys to the Grandfather. The district court did not give that statement any weight. The district court is instructed to appoint the person who is best qualified and willing to serve as guardian. The district court made its decision based upon the best interests of the Boys.

Conclusion: There was ample evidence to support the district court’s findings as to the ability and willingness of the parties to parent the Boys. After a review of the district court’s record, the Court could not say that the district court’s finding that placement of the Boys with Stepmother was in their best interest was clearly erroneous.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/n8pxrx .

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