Hehn v. Johnson
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Mother sought sole legal and physical custody of the children, born in 2014 and 2018, plus child support and medical support. Father was properly served but failed to respond. The court held a default hearing. Father, who was in custody on a pending criminal matter, appeared but represented himself. Mother requested a “graduated” 15-month visitation schedule for Father, noting that had been in and out of jail, used drugs, and had unstable housing and employment. She asserted Father had been a roofer for approximately 10 years. A subsequent temporary order awarded Mother sole physical custody of the children, the parties shared legal custody, and Father paid no child support.
Approximately 18 months later, Mother informed the court that Father had been released from prison. At a default hearing, Mother appeared with counsel. Father appeared but represented himself. The court heard no evidence, found it in the children’s best interest for the parties to have joint legal custody, Mother to have primary physical custody, and Father to have “reasonable, graduated visitation,” and ordered Father to pay $363 a month in child support. The Wyoming Supreme Court reversed. The court erred in ruling on visitation without any evidentiary basis to determine the children’s best interest and abused its discretion by calculating child support without having a sufficient evidentiary basis to determine Father’s income even though Mother failed to object.
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