Kimberly D. Lopez v. Orlando V. Lopez

Summary

The Supreme Court of Wyoming affirmed a divorce decree awarding primary custody of the parties' two children to the father. The court held that the mother failed to provide a sufficient appellate record to demonstrate an abuse of discretion and declined to reweigh the evidence. The court concluded that the district court properly considered the statutory best-interests factors and that the custody decision was not punitive.

Holdings

1. The district court did not abuse its discretion in awarding Father primary custody because it identified and applied the statutory best-interests factors, made detailed factual findings, and reached a decision supported by the record presented for review.
2. The custody award was not punishment for Mother's cohabitation; the district court's concern was directed to the potential effect on the children of moving the boyfriend into the home shortly after the parents separated.

Questions Presented

1. Whether the district court abused its discretion by awarding Father primary custody of the parties' children.
2. Whether the custody award impermissibly punished Mother for cohabiting with her boyfriend shortly after the parties separated.

Disposition

affirmed