Womack v. Swan

Summary

The Wyoming Supreme Court reviewed a district court's temporary and permanent modification of child custody, visitation, and child support provisions, as well as its contempt finding against the mother. The court held that the district court abused its discretion by issuing a sua sponte temporary custody order after a full evidentiary hearing, but that the temporary order did not render the final custody order void or violate due process. The court also reversed the contempt finding against the mother and remanded the mother's contempt motion against the father for further proceedings.

Holdings

1. Although a district court may possess inherent authority to enter temporary custody orders, using a sua sponte temporary order as a probationary custody arrangement for more than seven months after a full merits hearing was an abuse of discretion.
2. The temporary order did not preclude the subsequent final custody adjudication under res judicata.
3. The procedure did not violate Mother's due process rights because she received notice that custody could be modified and had a meaningful opportunity to prepare and be heard.
4. The district court abused its discretion and violated Mother's due process rights by holding her in contempt without issuing an order to show cause on Father's contempt motions.
5. The district court did not abuse its discretion by considering Mother's alcohol use and alienating behavior in determining the children's best interests and modifying custody and visitation.

Questions Presented

1. Whether the district court improperly issued a sua sponte temporary custody order instead of a final order after a full evidentiary hearing.
2. Whether the temporary custody order was a final judgment that barred later adjudication under res judicata.
3. Whether the procedure used to enter the final custody-modification order violated Mother's due process rights.
4. Whether the district court could hold Mother in contempt without issuing a show-cause order as required by Wyo. Stat. Ann. § 20-2-204(b).
5. Whether the district court improperly considered Mother's alcohol use and alienating behavior in modifying custody and visitation.

Disposition

reversed_and_remanded