JS v. MB, 2010 WY 114

Summary

The Wyoming Supreme Court affirmed a district court order awarding the father primary legal and physical custody while providing for the parents to alternate weekly visitation beginning when the child reached age five. The court held that the district court did not abuse its discretion because it made detailed findings addressing the child's best interests, the parents' circumstances, and the proposed visitation arrangement. A special concurrence reiterated that divided or shared custody is generally disfavored absent exceptional circumstances.

Holdings

1. The district court did not abuse its discretion by ordering the parents to alternate weeks with the child beginning at age five.
2. The district court was not required to hold a separate hearing in 2013 before the already-ordered visitation modification took effect.
3. Parental communication difficulties did not require reversal because the arrangement left Father with primary legal and physical custody and required only limited cooperation to exchange the child at court-ordered times.

Questions Presented

1. Whether the district court abused its discretion by ordering the parents to alternate weeks of visitation when the child reached age five.
2. Whether the district court was required to hold a separate hearing at the time the future visitation modification took effect.
3. Whether the parents' communication difficulties made the alternating-week visitation arrangement contrary to the child's best interests.

Disposition

affirmed