Willis v. Davis
Annotate this CaseThe district court granted Father a divorce from Mother. The divorce decree granted Father primary physical and residential custody of the parties' two children, while Mother was granted "reasonable and liberal visitation." Three years later, Mother filed a motion to modify the custody arrangement. The district court determined that Mother failed to demonstrate that there had been a material and substantive change in circumstances since the last request for custody modification and denied the motion. The Supreme Court affirmed, holding (1) sufficient facts supported the district court's conclusion that Mother failed to demonstrate a material change in circumstances surrounding the custody and visitation order, and for that reason, the court was not required to engage in an analysis of whether a change in custody or visitation was in the best interests of the children; and (2) the Court declined to consider Mother's argument that the children's treating counselor's notes and written opinion were admissible into evidence at the motion hearing as business records under Wyo. R. Evid. 803(6) because that issue was raised for the first time on appeal.
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