Selvey v. Selvey

Summary

The Supreme Court of Wyoming affirmed a district court order modifying custody and requiring supervised visitation. The court held that pre-divorce allegations of abuse may be considered when determining the child's best interests, provided the evidence is relevant, satisfies evidentiary rules, and is not barred by res judicata. Pre-divorce facts may not, however, establish the required change in circumstances for modification.

Holdings

1. When determining whether a material and substantial change in circumstances has occurred since entry of a divorce decree, the district court may rely only on facts and circumstances occurring after the decree.
2. When determining the custodial and visitation arrangement that is in the child's best interests, the district court may consider relevant evidence of pre-divorce facts and circumstances if the evidence satisfies applicable evidentiary rules and is not barred by res judicata.
3. The prior abuse allegations were properly admitted and considered, and the district court did not abuse its discretion in awarding Mother primary custody and ordering supervised visitation for Father.

Questions Presented

1. Whether a district court modifying a divorce decree may consider relevant evidence of alleged abuse and other facts occurring before the original decree when determining the child's best interests.
2. Whether admission and consideration of the pre-divorce abuse allegations violated the requirement that a custody modification be based on a material and substantial change in circumstances or violated res judicata.

Disposition

affirmed