Deen v. Deen, 88-245

Decision Date25 May 1989
Docket NumberNo. 88-245,88-245
Citation774 P.2d 621
PartiesSally Laurine DEEN, Appellant (Plaintiff), v. Darrel B. DEEN, Appellee (Defendant).
CourtWyoming Supreme Court

Robert A. Oakley of Legal Services for Southeastern Wyoming, Inc., Cheyenne, Richard Ducote (argued) of Richard Ducote & Associates, New Orleans, La., and Judy A. Williams of Montana Legal Services Ass'n, Billings, Mont., for appellant.

George L. Simonton of Simonton and Simonton, Cody, for appellee.

Chris Edwards, Cody, Guardian Ad Litem.

Before THOMAS, URBIGKIT, MACY and GOLDEN, JJ., and SPANGLER, District Judge.

SPANGLER, District Judge.

Appellant challenges the decision of the trial court in a divorce action awarding custody of the minor child of the parties to appellee. Appellant contends that the trial court abused its discretion in awarding custody to appellee where the record was clear that he posed a danger of sexual abuse and that the trial court erred in making its decision before receiving evidence from Dr. Berton Toews as to whether he had prescribed certain medication for the child.

We affirm.

The child was born in 1976. Custody had been disputed since the separation of the parties in July of 1984. Generally, appellant accused appellee of sexual abuse, while appellee alleged that appellant was mentally unstable. The January 1985 divorce decree placed the child in the legal custody of the Park County Department of Public Assistance and Social Services with physical custody in the appellant as agreed by the parties. In November 1985, on motion of the guardian ad litem, the court ordered foster home placement. In September 1986, following a hearing and reports from various professionals, the trial court ordered further placement in foster care and involvement of professionals with the family in a team treatment approach. After another hearing in June of 1988, the judgment from which this appeal is taken was entered in July 1988. Custody was awarded to appellee with visitation for appellant and continued supervision by the Department of Public Assistance and Social Services.

Appellant relies upon the case of Fanning v. Fanning, 717 P.2d 346 (Wyo.1986), where this court reversed a child custody award. The primary evidence in the Fanning case, showing abuse by the appellee, was uncontradicted. There was also expert testimony against the appellee having custody. In the case at hand, the evidence is in conflict as to abuse by appellee. No conclusive finding was ever made that he had abused the child. At the last hearing, expert witnesses and the guardian ad litem recommended that appellee be given custody. It should also be noted that the trial court's decision in the Fanning case was influenced by application of an improper maternal preference rule.

In this case the court follows the same standards enunciated in the Fanning decision and in numerous other cases. This court will not interfere with the decision of the trial court in child custody questions unless there is a procedural error or unless there is shown to be a clear abuse of discretion. A court does not abuse its discretion unless it acts in a manner which exceeds the bounds of reason under the circumstances, as is said to mean an error of law committed by the court under the circumstances. Fanning v. Fanning, 717...

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20 cases
  • Moore v. Moore, 89-261
    • United States
    • Wyoming Supreme Court
    • April 12, 1991
    ...v. Fanning, 717 P.2d 346, 349 (Wyo.1986). Uhls v. Uhls, 794 P.2d 894 (Wyo.1990); Goss v. Goss, 780 P.2d 306 (Wyo.1989); Deen v. Deen, 774 P.2d 621 (Wyo.1989). Our analysis of the rationale articulated by the district judge in making his custodial determination satisfies us that there is no ......
  • Marquiss v. Marquiss
    • United States
    • Wyoming Supreme Court
    • July 7, 1992
    ...of some serious procedural error, a violation of a principle of law, or a clear and grave abuse of discretion." See also Deen v. Deen, 774 P.2d 621 (Wyo.1989) and Fanning v. Fanning, 717 P.2d 346 A. Visitation Enforcement Jurisdiction--Validity of the Contempt Citation--UCCJA and PKPA This ......
  • Wallop v. Wallop
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    • Wyoming Supreme Court
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    ...credibility. Carlton v. Carlton, 997 P.2d 1028, 1035 (Wyo. 2000) (citing Semler v. Semler, 924 P.2d 422, 424 (Wyo.1996) and Deen v. Deen, 774 P.2d 621, 622 (Wyo.1989)). Timing of Property Valuation/Applicable Date of [¶ 11] Wife asserts the district court erred when it chose to value the Ca......
  • Zupan v. Zupan
    • United States
    • Wyoming Supreme Court
    • May 7, 2010
    ...of some serious procedural error, a violation of a principle of law, or a clear and grave abuse of discretion.” See also Deen v. Deen, 774 P.2d 621 (Wyo.1989) Fanning v. Fanning, 717 P.2d 346 (Wyo.1986). Id.; see also Rogers v. Rogers, 973 P.2d 1118, 1121 (Wyo.1999). “Judicial discretion is......
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