Case Law Development: Improvement in Both Parent's Circumstances Not Change in Circumstances Justifying Modification of Custody

When very young parents continue to mature and further their education and employment situations, is there a "material change in circumstances" justifying modification of a child custody order? The Supreme Court of Wyoming holds that it is not.  Here Mother was 16 and Father 19 when the child was born.  Mother was given primary custody with liberal visitation to Father.  Both parents had continued their education and obtained jobs. Father argued that he had progressed further than Mother and so custody should be modified.  The Supreme Court of Wyoming held that, unless the difference between their improvements in their circumstances was substantially beyond what one might have contemplated at the time the original order was entered, there is not a material and substantial change in circumstances.

In the Matter of TMJ, 2006 WY 28; 2006 Wyo. LEXIS 32 (March 15, 2006) bgf