Thea Ella Curless brought an action for divorce against Timothy Dean Curless. The judgment and decree granted

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Thea Ella Curless brought an action for divorce against Timothy Dean Curless. The judgment and decree granted the divorce, awarded custody of the two children, a boy, Trist, age 13, and a girl, Tobi, age 10, to their father with rights of visitation to the mother. The court divided the personal property and debts according to the agreement between the parties and awarded the house to Timothy Curless with Thea Curless’ equity secured by a second mortgage in the amount of $36,000, to be paid in installments of $600 per month with 10 percent interest. After entering judgment, the trial judge denied Mrs. Curless’ motion for a new trial and denied the children’s motion to intervene, as well as their motion to have a guardian appointed for them. Mrs. Curless is a junior high school teacher with a master’s degree in education. Timothy Curless is employed by the Union Pacific Railroad. The court heard conflicting testimony as to how much time Mr. Curless’ job keeps him away from home and how much time Mrs. Curless’ employment and extracurricular activities kept her from attending to the children. The court also heard conflicting facts about which spouse did more or less than his or her share of household duties and attending of children. The court heard testimony to the effect that Mr. Curless is an alcoholic but that he has “quit drinking.” Mr. Curless testified that he had not had a drink since he made a commitment to give up alcohol four years ago. There was evidence that Mr. Curless had been a user of marijuana and had a marijuana plant in his home. Mr. Curless testified that he had had “no involvement with any drugs for 45 days,” and had not had a marijuana plant in his home for the last “eight or nine years.” Finally, the court held, and the parties do not seriously contend otherwise, that both parties are “fit” and proper persons to have care and custody of the children. Because of the divorce court’s rulings in the case, Thea Curless has brought an appeal before the Supreme Court of Wyoming. Should the court uphold the divorce court’s determinations or reverse them? Why or why not? (Curless v. Curless, 708 P.2d 426)

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