Conozca la Ley: Wyoming

ACTUALIZADA 18 de septiembre, 2008

WomensLaw.org strongly recommends that you get in touch with a lawyer in your community for more information on custody. Go to the WY Where to Find Help page for a listing of organizations that can help.

• General Information
• Definitions
• Who can get custody or visitation?
• How the custody process works
  • How will a judge make a decision about custody?
  • If I have moved away from the house where my husband and children currently live, will this hurt my chances of gaining custody?
  • Do I need a lawyer?
  • Can I file for custody in Wyoming?
  • What is mediation?
  • If a court denies a request for custody, do they have to explain why?
  • Could a judge require me to take parenting classes?
  • Can I get financial support for my children and myself?
• After a custody order is in place

How the custody process works

arribaHow will a judge make a decision about custody?

When deciding who will have custody, a judge will try to make an arrangement that s/he thinks is in the best interest of your child.* Some of the factors that the judge will consider are:

• The quality of the relationship each child has with each parent
• Each parent's ability to provide proper care for the child, including arranging for child care
• How "fit" and "competent" the judge thinks each parent is
• How willing each parent is to accept all of the responsibilities of parenting, including:
    o Caring for your child at certain specified times and
    o Letting the other parent care for your child at other specified times
• How the parents and each child can best maintain and improve a relationship with each other
• How the parents and each child interact and communicate with each other and how this can be improved
• How willing each parent is to allow the other parent to provide care without interference
• The distance between the parents' homes
• The current physical and mental ability of each parent to care for each child
• Whether you and/or your child were abused
• What custody arrangement would be relatively easy for the parents to keep to and would promote understanding between the parents
• Whether either parent attended parenting classes, if they were ordered by the court
• Anything else the judge believes affects your child's best interest**

The court will not automatically give preference to either the mother or the father in a custody case.***

*W.S. § 20-2-201(a)
**W.S. § 20-2-201(a)-(d)
***W.S. §§ 20-2-201(b); JRS v. GMS, 90 P.3d 718 (2004); Drake v. McCulloh, 43 P.3d 578 (2002); Rocha v. Rocha, 925 P.2d 231 (1996);

arribaIf I have moved away from the house where my husband and children currently live, will this hurt my chances of gaining custody?

We strongly recommend that you consult an attorney before leaving the home where your spouse and children currently live. In many cases, leaving the home where your husband and children currently live may hurt your chances of getting custody. This is especially true if you leave, but allow your children to remain in the residence with the other parent. However, if you left your marital home to flee abuse, make sure the judge knows this.*

*Pahl v. Pahl, 87 P.3d 1250 (Wyo., 2004); Reavis v. Reavis, 955 P.2d 428 (Wyo., 1998); Tytler v. Tytler, 15 Wyo. 319 (1907)

arribaDo I need a lawyer?

It is highly recommended that you get a lawyer, to make sure that your rights are protected. If you cannot afford a lawyer, you may be able to find sources of free or low-cost legal help on our WY Finding a Lawyer Page.

If you are unable to get a lawyer, you can file several types of motions on your own. A motion is the device you use to ask the court for its help.* To file a motion, you go to the courthouse, fill out the necessary forms, and return them to the court. The court clerk may be able to answer some of the administrative questions you have about filing a motion. However, the clerk cannot answer legal questions, tell you whether you should file for custody, or what the outcome may be.

Even if you plan on representing yourself, it may be helpful for you to have a lawyer review your forms before you file them.

*WY. R. RCP. Rule 7

arribaCan I file for custody in Wyoming?

You can only file for custody in Wyoming if it is your child's "home state". (There are exceptions to the "home state" rule -- see below.) The "home state" is the state where your child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than 6 months old, then your child's home state is the state where s/he has lived since birth. Leaving the state for a short period of time does not change your child's home state.*

If you and your child recently moved to Wyoming, generally you cannot file for custody in Wyoming until you have lived there for at least six months. Until then, you or the other parent can start a custody action in the state where your child has most recently lived for at least 6 months.*

If you and your child recently moved from Wyoming, generally either you or the other parent can file for custody in Wyoming until the child has living in another state for at least 6 months.*

However, there are exceptions to the home state rule. In some cases, you can file for custody in a state where the children and at least one parent have "significant connections." Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction. This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.**

For a list of legal resources, please see our Wyoming Where to Find Help page.

You can also file for temporary emergency custody in Wyoming if it's not the home state if:

1. the child is present in the state, AND
2. the child has been abandoned, OR
3. it is necessary in an emergency to protect the child because either the child, a sibling or a parent of the child is subjected to or threatened with mistreatment or abuse.***

*W.S. § 20-5-301(a)
**W.S. § 20-5-301(a)(ii)(A)(1), UCCJEA(1997)
***W.S. § 20-5-304(a)

arribaWhat is mediation?

Mediation is a private, informal way to work out your dispute. It uses a neutral third-party, called a mediator, to help you and the other parent agree on matters relating to custody and visitation of your child. A judge may refer you to mediation if s/he thinks it will be helpful, but the mediator cannot force you to agree to something that you don't want. If you are the victim of domestic violence, make sure the judge knows this. It may affect his/her decision on whether to send you to mediation.*

In general, the parents or anyone else who is asking for custody have to pay for mediation. In some cases, a judge may order different payment arrangements.

*W.S. § 1-43-101(a)(ii)-(iii)

arribaIf a court denies a request for custody, do they have to explain why?

No. Though judges are encouraged to explain the reasons for their decisions, there is no law saying that they have to.*

*Produit v. Produit, 35 P.3d 1240 (Wyo., 2001)

arribaCould a judge require me to take parenting classes?

Yes. In cases involving child custody, the court may order the parents to attend classes to learn about the impact of divorce on children. This could mean that you would have to cooperate with your abuser. If the judge tries to make you take parenting classes, make sure the judge knows that there has been violence and ask to take the classes separately from your abuser.*

* W.S. § 20-2-201(f)

arribaCan I get financial support for my children and myself?

Yes. However, it is important to be aware that child support and support for yourself are independent. For example, it is possible that you may only be able to get support for your children, and not for yourself.

Support for your child: Generally, the court will determine how much money the other parent will pay to support your child.*1 You can file for child support at the same time you file for custody, or you can file for child support separately. You do not have to file for custody of your child to get child support. The court almost always uses set child support guidelines to determine how much support you will receive.*2 The court uses a complex formula, but basically the court looks at both parents' incomes, whether either parent has to pay support for other children, and how much the custodial parent has to pay for health insurance.*2 Sometimes the court may consider other factors to change the support guidelines for your particular situation.*3 Some additional factors for the judge to consider include:
    • The child's age
    • The cost of child care
    • Any special health care or educational needs that your child has
    • Either parent's responsibility to support others
    • The value of services contributed by each parent
    • Any pregnancy expenses
    • Visitation transportation costs
    • Each parent's ability to provide health insurance through employment benefits
    • The amount of time the child spends with each parent (The more time your child spends with you, the more support you will              usually receive.)
    • The incomes and financial conditions of both parents
    • Whether a parent has violated any terms of the divorce decree
    • Whether either parent is voluntarily unemployed or underemployed. *4

Also, if your child spends more than 25% of his or her time with the noncustodial parent and that parent pays for a substantial portion of your child's needs (on top of what he pays for child support), then the court will find that you have "shared custody" of your child and lower the amount of support you will receive.

To get a rough idea of how much support you may receive, you can visit this website: www.alllaw.com/calculators/childsupport/wyoming/. However, this website only estimates the amount of support you may get. The amount of support you receive depends on how much the judge decides to award.

Support for you: This is also referred to as alimony. If you are getting separated or divorced, a court can award you temporary or permanent alimony. *5 This support is for a former spouse who is unable to adequately provide for himself or herself. *6 In deciding whether to award you (or your spouse) alimony, a judge will look at any factors that s/he feels are important to make a just and equitable decision.*7 A few of the factors a judge may look at are:
    • Your need for payment/ the other parent's ability to pay*8
    • How long you were married*9
    • The age, physical and emotional health of you and the other parent*10
    • The standard of living you had in your marriage and how likely it is that you will be able to maintain a similar standard of living*11
    • How much both parents can earn for a living, and the future abilities of each to earn a living *11
    • A judge may award alimony as a "lump sum" or as a series of payment over time.*12

There are no strict rules for alimony and property distribution and the judge’s ruling will depend on the specific facts of your case.*13 Additionally, the judge has the discretion to alter the alimony order at a later date if one of the parties to the action petitions for a change.*14

*1 W.S. § 20-2-301
*2 W.S. § 20-2-304
*3 Keck v. Jordan, 180 P.3d 889 (Wyo., 2008); Carlton v. Carlton, 997 P.2d 1028 (Wyo., 2000)_
*4 W.S. § 20-2-307(b)
*5 W.S. § 20-2-111
*6 W.S. § 20-2-114; Belless v. Belless, 21 P.3d 749 (Wyo., 2001).
*7 W.S. §§ 20-2-114,
*8 Johnson v. Johnson, 11 P.3d 948 (Wyo., 2000); Sellers v. Sellers, 775 P.2d 1029 (Wyo., 1989); Hendrickson v. Hendrickson, 583 P.2d 1265 (Wyo., 1978)
* 9 Carlton v. Carlton, 997 P.2d 1028 (Wyo., 2000); Paul v. Paul, 616 P.2d 707 (Wyo., 1980)
* 10 Keller v. Keller, 145 P.3d 451 (Wyo, 2006)
* 11 Carlton v. Carlton, 997 P.2d 1028 (Wyo., 2000); Triggs v. Triggs, 920 P.2d 653 (Wyo., 1996)
* 12 W.S. § 20-2-114
* 13 Breitenstine v. Breitenstine, 62 P.3d 587 (Wyo., 2003); Bricker v. Bricker, 877 P.2d 747 (Wyo. 1994); Moore v. Moore, 809 P.2d 261 (Wyo, 1991)
* 14 W.S. § 20-2-116

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