Wednesday, April 17, 2013

Summary 2013 WY 44

Summary of Decision April 17, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0176


Appeal from the District Court of Park County, Honorable Steven R. Cranfill, Judge.

Representing Appellant: M. Jalie Meinecke of Meinecke & Sitz, LLC, Cody, Wyoming

Representing Appellee: Matthew D. Winslow of Keegan & Winslow, P.C., Cody, Wyoming

Date of Decision: April 17, 2013

Facts: The appellant, Wendy Willis (hereinafter Mother), appealed the district court’s decision to deny her motion for modification of custody and visitation. She claimed that the district court’s order did not comply with the statutes regarding child custody and visitation and that the district court improperly denied the admission of the children’s treating counselor’s notes and written opinion into evidence at the motion hearing.

Issues: 1. Did the district court abuse its discretion when it denied Mother’s motion for modification of custody and visitation?

2. Did the district court abuse its discretion when it determined that the treating counselor’s notes and written opinion regarding her counseling sessions with the children were inadmissible hearsay?

Holdings: The district court’s conclusion that Mother failed to demonstrate a material change in circumstances surrounding the custody and visitation order was supported by the facts presented at the hearing. For that reason, the district court was not required to engage in an analysis of whether a change in custody or visitation was in the best interests of the children. Finally, the Court declined to consider Mother’s argument that the counselor’s notes and written opinion were admissible as business records under W.R.E 803(6) because that issue was being raised for the first time on appeal. The Court affirmed the district court’s order denying Mother’s motion to modify custody and visitation.

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

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