Wyoming Child Custody
 Chances are you and
your not so loving spouse have discussed who gets the kids, and maybe even discussed (argued about?) sole custody. As in
the case of child support, Wyoming child custody gets determined with "the best interests of the child" considered
first.
So who gets Wyoming child custody and who gets visitation? You and your divorcing spouse have an
opportunity to agree to a Parenting Plan, Child
Custody Agreement and a Child Visitation
Schedule.
If you are unable to complete them, the family court has a special plan just waiting for you. Do your best to get it done
yourselves. In Wyoming
the courts will make orders or decrees that they believe will be in the best interest of the offspring. In order to make
an informed decision, courts will determine the answers to a fixed set of questions in order to accomplish this. Additionally
courts may go beyond the scope of these queries if it feels it necessary to do so. Some of what an Wyoming court will consider
when determining child custody are:
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The quality of the relationship each child has with each parent; |
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The ability of each parent to provide adequate care for each child throughout each
period of responsibility, including arranging for each child's care by others as needed; |
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The relative competency and fitness of each parent; |
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Each parent's willingness to accept all responsibilities of parenting, including a
willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times; |
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How the parents and each child can best maintain and strengthen a relationship with
each other; |
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How the parents and each child interact and communicate with each other and how such
interaction and communication may be improved; |
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The ability and willingness of each parent to allow the other to provide care without
intrusion, respect the other parent's rights and responsibilities, including the right to privacy; |
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Geographic distance between the parents' residences; |
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The current physical and mental ability of each parent to care for each child; |
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Any other factors the court deems necessary and relevant. |
Wyoming divorce laws state that one parent will not be favored over the other when awarding child
custody. The reality is that mothers get awarded custody at least three-quarters of the time.
If there have been any documented instances of spousal abuse or child abuse, Wyoming courts will
consider evidence presented when determining custody of the children. If the court finds that
abuse has occurred, it is expected to make rulings that protects the children 'in their best interest'. The child custody order is presumed to not only promote understanding and compliance by the
parents but to ensure that the best interests of the children are met. Custody can be awarded in any combination of joint,
shared or sole custody. Unless findings by the court demand other provisions, the non custodial parent will have the same
right of access as the custodial parent to any records relating to the child. These records may include school records,
activities, teachers' conferences as well as medical and dental treatment providers and mental health records.
The Wyoming court has the latitude, at any time, to require the parents to attend appropriate parenting
classes, including but not limited to, parenting classes to lessen the effects of divorce on children.
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Wyoming Child Support
 The
laws on divorce in Wyoming detail the manner in which WY child support is paid. The topic is likely the
most contentious of all issues when dissolving a marriage with children. Without fail, one or both sides is displeased with
the particulars if you and your spouse are unable to agree to a co-parenting plan. Wyoming, like all other states, has created a system they hope properly addresses the financial support
needed by all parties. If it's going to get ugly, it will be around the child support issue.
The non-custodian claims the amount doesn't allow he or she the ability to affording a lifestyle, and the custodian often claims the amount of child support
doesn't meet the child's needs. The painful truth is that both are right. Wyoming, like all states, has in
place an arithmetic calculation for your child support payment.
In the unusual case where the combined monthly income of both custodial and non-custodial parents
is less than $833.00, the child support obligation of the non custodial parent will be twenty-five percent (25%) of net income,
but in no case will the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there
are children to whom the non custodial parent owes a duty of support.
Divorce in Wyoming means that in cases where a marriage annulment (or
marital annulment) is sought, and there are children of the marriage, that those children be afforded the same rights, protections
and parental financial support, including that the children are not considered illegitimate offspring of the parents, that
other children in the state receive.
If a marriage separation (sometimes referred to as a marital separation
or legal separation) has been petitioned for, the court may make such further orders for the support and maintenance of either spouse
and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse,
as the court deems appropriate.
Wyoming child support ends at age 18, or to age 21 for secondary education.
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Need a local Family Lawyer? Don't have a solid referral?
Visitation
Co Parenting
 Parties
to a separation or divorce have the option of submitting a Visitation
Schedule or Parenting Plan to the court during
the legal process. A parenting plan will detail the particulars on when each parent will have the children, and what responsibilities
they will each have. If you cannot agree on a visitation schedule, the court will order one. Features typically found in a visitation
agreement where the non-custodial spouse is concerned are: alternate weekend visitation (3-day weekends included), mid-week
visitation, sharing of the children during periods of school recess -winter, spring and summer,
New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate
years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication
by phone and computer.
You may wish to consider these issues and whether they should be a part of the agreement
or not. Be as specific as you can including the right language in your agreement. How will the custody decree spell out the
details? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What
time and where may the other parent pick the child up? What time should the child be returned
home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should
you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should
those partners stay overnight in front of the children?
Would you like it to be as easy as it can be? We suggest using an on-line parenting plan to document past and future activities. An on-line plan can become a great reference and often eliminates disputes about any changes to the kids schedules.
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Spousal Support
Alimony
Maintenance
 Spousal
support or maintenance can be requested in any divorce action as provided
for in Wyoming divorce laws. The needs of one spouse for recovery can be markedly different than for the other. The court
has a wide range of remedies in this area. After examination
of the facts, a court can order a sum be paid by one or both parties, in alimony form or as part of a child support determination.
This is where your lawyer gets paid to represent you. For
spouses with little or no access to the marital assets accumulated, courts can and will order payment and access to cover needs. Note: If
there are assets that, if sold, would cause unnecessary tax or
penalty, you are better off making an agreement with your spouse so that the court does not order
an asset sold.
The court can place the burden of costs of the divorce against either party. This can include the above-mentioned
possibility that assets be sold that disadvantage one or both parties. Wide latitude is the word here on what the court can
do. Best advice? Get your spouse to agree to terms that won't further disadvantage you.
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Lawyer Advertising
Grounds For Divorce
Wyoming divorce laws permit divorces based upon irreconcilable differences (no-fault). There is no
burden of proof that one spouse has committed acts which might constitute grounds for divorce.
Basically, if one wants out, the marriage will end. A secondary (and little used) ground for divorce is based upon either
spouse being confined to a mental institution for two years because of incurable insanity.
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Mediation
Marriage Counseling
There are no statutory requirements with respect to mediation in
Wyoming.
How do you know when it's really over? Short of abuse, when do you pull the plug and move on? Perhaps this helpful
article in our article library can help you make the decision. You have to determine when enough is enough. We also suggest you you read the
following article from our article library: Getting
Divorce Advice From the Right Source.
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Marriage
Separation
Legal Separation
The process of a legal separation from a divorce is similar to that of getting a divorce.
To get a separation, one must petition the court, serve your partner the proper documents and present convincing evidence that supports your petition for separation. A marital separation
agreement, which will include a property settlement agreement, is simply a written contract dividing your assets and debt, and spell out your rights while settling issues such as support for a spouse and/or children, and define the details of custody. Legal separation is sometimes pursued when one of the parties
wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income
tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period for
termination of marital status.
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Waiting Period
A divorce will not be granted in Wyoming unless at least twenty (20) days have elapsed
from the time of the filing of the complaint. You waited this long. Three weeks won't kill you.
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Grandparents Rights
Federal law and Wyoming divorce laws allow grandparents to petition the courts for visitation. As with any other legal request, an examination will need to take place to determine
if such visitation is in the child's best interest. Infrequently, grandparents have petitioned the court for legal custody if the parent(s) have demonstrated an unwillingness or inability to care properly for their children. For visitation, it is suggested that grandparents ask to be included in the visitation schedule, or make these motions to the court on their own behalf. The most cost efficient way to be granted visitation (to the grandparents) is to have their requests be included in the divorce of their adult child. Failing to do that will require a separate court action and the expenses that go along with that.
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Divorce
Settlement
Distribution of Assets
 To
complete a separation or divorce, you'll need to reach a divorce settlement of your assets, debts, support and custody if applicable. If you are unable to
reach a divorce settlement, the court will impose its own settlement. Wyoming is an equitable distribution state, which means that in
the absence of a settlement agreement the marital property of the parties will be distributed among the parties in
a manner the court determines to be equitable and just, but not necessarily equally among the parties.
Did you come into
this marriage owning a house? Concerned about the equity in that house that you brought into the marriage and that it might
become part of the divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours.
However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning
that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce. Read Rhode Island divorce
statutes or consult your attorney for specifics.
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Residency
Requirements
Wyoming divorce laws suggest that in order for a petition for divorce to proceed, one must have
resided in Wyoming for at least sixty days immediately
preceding the time of filing of the complaint, or the marriage was solemnized in Wyoming and the plaintiff has resided in
this state from the time of the marriage until the filing of the complaint.
A married person who at the time of filing a complaint for divorce resides in this
state is a resident although his spouse may reside elsewhere.
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