STANDARD OF REVIEW [¶11] "We review a district court's child custody modification ruling for an abuse of discretion." Lackey v. Lackey, 2022 WY 22, ¶ 22, 503 P.3d 92, 96 (Wyo. 2022) (quoting Gutierrez v. Bradley, 2021 WY 139, ¶ 15, 500 P.3d 984, 988 (Wyo. 2021)). "[W]e consider the evidence in the light most favorable to the district court's decision, 'affording every favorable inference to the prevailing party and omitting from our consideration the conflicting evidence.'" Taulo-Millar v. Hognason, 2022 WY 8, ¶ 15, 501 P.3d 1274, 1279 (Wyo. 2022) (quoting Bishop v. Bishop, 2017 WY 130, ¶ 9, 404 P.3d 1170, 1173 (Wyo. 2017)). "The burden is on the party asserting an abuse of discretion to establish such an abuse."
[¶6] A trial court's ruling on an evidentiary issue is entitled to considerable deference and reviewed for abuse of discretion; it will not be overturned unless the ruling lacks a legitimate basis. Lackey v. Lackey, 2022 WY 22, ¶ 32, 503 P.3d 92, 98 (Wyo. 2022) (citing Jontra Holdings Pty Ltd v. Gas Sensing Tech. Corp., 2021 WY 17, ¶ 58, 479 P.3d 1222, 1239 (Wyo. 2021)). We need only consider whether the trial court could reasonably conclude as it did.
[¶16] Because the lower court is in the best position to assess witness credibility and weigh testimony, we give considerable deference to its factual determinations. Taulo-Millar v. Hognason, 2022 WY 8, ¶ 15, 501 P.3d 1274, 1279-80 (Wyo. 2022) (citation omitted); Lackey v. Lackey, 2022 WY 22, ¶ 28, 503 P.3d 92, 98 (Wyo. 2022) (citation omitted); see also 36 C.J.S. Federal Courts § 615, Westlaw (May 2022 Update) ("[O]nly the trial judge can be aware of variations in demeanor and tone of voice that bear so heavily on a listener's understanding of, and belief in, what is said.
[¶16] Because the lower court is in the best position to assess witness credibility and weigh testimony, we give considerable deference to its factual determinations. Taulo-Millar v. Hognason , 2022 WY 8, ¶ 15, 501 P.3d 1274, 1279–80 (Wyo. 2022) (citation omitted); Lackey v. Lackey , 2022 WY 22, ¶ 28, 503 P.3d 92, 98 (Wyo. 2022) (citation omitted); see also 36 C.J.S. Federal Courts § 615, Westlaw (May 2022 Update) ("[O]nly the trial judge can be aware of variations in demeanor and tone of voice that bear so heavily on a listener's understanding of, and belief in, what is said." (footnote omitted))