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
- After a custody order is in place
- If a custody order is already in place, how can I get it changed?
- Can I change the state where the case is being heard?
- If there is a custody order in place, can I take my kids out of the state?
- If the other parent takes the kids out of state without my permission, can I charge him with kidnapping?
- Can a parent who does not have custody have access to the child's records?
After a custody order is in place
arribaIf a custody order is already in place, how can I get it changed?
To change a custody or visitation order that is already in place, you need to file a motion with the court.* See http://www.courts.state.wy.us/DandCS.aspx for the appropriate custody forms. Generally, for the court to grant you a change in custody or visitation, you need to show that there has been a "material and substantial" change in circumstances since your last hearing and that changing the custody order would be in the best interest of your child according to Wyoming law.** A condition that existed when the custody order was entered is not a substantial or material change in circumstances. Moving away, without any other events, is not a substantial or material change in circumstance to warrant a change in the custody order. ***
To file a motion for a change in custody or visitation, you must fill out the necessary forms and return them to the court. You can visit your local courthouse to obtain copies of all the needed paper work. The court clerk may be able to answer some questions you have about the paperwork. However, the packet and court workers cannot tell you whether you should bring your case to court or what will happen if you do. It's best to have a lawyer help you if you can. To find a lawyer please visit our WY Finding a Lawyer page under the Where to Find Help tab on the top of this page.
*W.S. § 20-2-204
**W.S. § 20-2-201(a)
***Gurney v. Gurney, 899 P.2d 52, 55 (Wyo., 1995)
arribaCan I change the state where the case is being heard?
Maybe. If you move to another state, you may be able to change the state where the custody case is being heard. Once you and your child have been living in a new state for 6 consecutive months, then the new state may be able to hear your case. If you have been in the new state for less than 6 months, then you will probably have to ask the judge that is hearing the case to change the jurisdiction of your case. This is often complicated, and as with all custody issues, it is probably best to talk to a lawyer about this. Please visit our WY Finding a Lawyer page.
arribaIf there is a custody order in place, can I take my kids out of the state?
If you would like to move to another state with your child, then you usually have to ask the court's permission to modify the existing custody agreement. In deciding whether to allow you to move out of state, the judge may (but does not have to) consider:
• How the children have fared under the original custody and visitation arrangement
• The moving parent’s motives for proposing the move
• Whether the move will improve the child and custodial parent's quality of life
• What options would be available for visitation with the noncustodial parent
• How often the noncustodial parent saw the child at the old location
• Whether there are family or friends at the old or new location
• The educational opportunities at the old and new locations *
Wishing to move or moving, without any other events, is not a substantial or material change in circumstance to warrant a change in the custody order.** The judge has broad discretion for modifying a child custody order, and the best interests of the child should be the most important considerations.
*WS. §§ 20-2-201(a)(x), 20-2-204(c); Jackson v. Jackson, 96 P.3d 21 (Wyo., 2004); Stonham v. Widiastuti, 79 P.3d 1188 (Wyo., 2003); Resor v. Resor, 987 P.2d 146 (Wyo., 1999); Watt v. Watt, 971 P.2d 608 (Wyo., 1999); Love v. Love, 851 P.2d 1283 (Wyo., 1993); Trudeau v. Trudeau, 822 P.2d 873 (1991)
**Gurney v. Gurney, 899 P.2d 52, 55 (Wyo., 1995)
arribaIf the other parent takes the kids out of state without my permission, can I charge him with kidnapping?
Usually not, but he may be charged custodial interference in some cases.
Generally, you cannot take your kids out of the state, even for a short period of time, without the other parent's permission, unless the court order specifically says you can. If your court order does not address this issue, then the other parent is usually not allowed to leave the state with your child, unless you give him permission.
If you have a custody/visitation order in place and the other parent tries to hide your child in violation of the custody or visitation order, you can speak with law enforcement about charging them with interference with custody or contempt. This is true whether the other parent leaves the state with your child or not.*
*W.S. § 20-2-204(b)
arribaCan a parent who does not have custody have access to the child's records?
Yes. Both the custodial and non-custodial parents will have access to your child's records, unless a court order says otherwise. These records include anything relating to your child, such as school records, medical and dental records. If you do not want the other parent to have access to these records, you must convince the judge that there is a good reason for him to limit this access.*
*WS. § 20-2-201(e)