Summary 2009 WY 127

Summary of Decision issued October 20, 2009

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

Case Name: Blakely v. Blakely

Citation: 2009 WY 127

Docket Number: S-09-0020

Appeal from the District Court of Campbell County, the Honorable Michael N. Deegan, Judge.

Representing Mother: Christopher M. Wages of Goddard, Wages & Vogel, Buffalo, Wyoming.

Representing Father: Rick Erb of Richard A. Erb, Jr., PC, Gillette, Wyoming.

Facts/Discussion: Mother appealed from her divorce decree contending that the district court abused its discretion when it awarded Father primary residential custody of the parties’ two sons while the half-brother remained in Mother’s custody.
Custody, visitation, child support and alimony are all committed to the sound discretion of the district court. The one constant is that the resolution must be in the best interests of the children in that particular family. The Court noted their comment in Wilson v. Wilson that seldom does a divorce court have a choice between a parent who is all good on one side and a parent who is all bad on the other side. The burden is on the party asserting an abuse of discretion. Mother failed to meet the applicable burden and because the record includes sufficient evidence to support the district court’s decision, the Court found no abuse of discretion.

Conclusion: The district court did not err when it awarded Father primary residential custody of his two sons. The Court found no abuse of discretion by the district court.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/ygyhcva .

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