Custodial parent relocation.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0102

SENATE FILE
NO.
SF0044

Custodial parent relocation.

Sponsored by:
Senator(s) Cooper and Representative(s) Davison, Olsen, White and Zwonitzer

A BILL

for

AN ACT relating to child custody; providing for notification procedures for relocation of a child or parent; providing exceptions; providing for notice and hearing; specifying burden of proof; providing for modification of child custody as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 20
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205 is created to read:

20
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2
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205.

Relocation of child by parent; notice of relocation of parent; required procedure; violation; effect.

(a)

For purposes of this section "relocate" or "relocation" means a change in the principal residence of a child or any party entitled to custody or visitation of the child for a period of ninety (90) consecutive days or more, but does not include a temporary absence from the principal residence.

(b)

Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction pursuant to subsection (d) of this section, written notice shall be provided at least sixty (60) days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information:

(i)

The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(ii)

The home telephone number of the new residence, if known;

(iii)

The date of the intended move or proposed relocation;

(iv)

A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and

(v)

A proposal for a revised schedule of custody or visitation with the child, if applicable.

(c)

A party required to give notice of a proposed relocation pursuant to subsection (b) of this section has a continuing duty to supplement the information required by this section as soon as such information becomes known.

(d)

In exceptional circumstances where the court makes a finding that the health or safety of any adult or child would be unreasonably placed at risk by the disclosure of the required identifying information concerning a proposed relocation of the child, the court may order that:

(i)

The specific residence address and telephone number of the child, parent or person, and other identifying information shall not be disclosed in the pleadings, notice, other documents filed in the proceeding or the final order except for an in camera disclosure;

(ii)

The notice requirements provided by this section may be waived to the extent necessary to protect the health or safety of a child or any adult; or

(iii)

Any other remedial action the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

(e)

The court shall consider a failure to provide notice of a proposed relocation of a child as:

(i)

A factor in determining whether custody and visitation should be modified;

(ii)

A basis for ordering the return of the child if the relocation occurs without notice; and

(iii)

Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys' fees incurred by the party objecting to the relocation.

(f)

If the parties agree to a revised schedule of custody and visitation for the child based upon a relocation they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised visitation schedule without a hearing.

(g)

The residence of the child may be relocated sixty (60) days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty (30) days after receipt of the notice. The motion shall be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen (14) days, unless extended by the court for good cause, and include an affidavit setting forth the facts in support of the relocation as well as a proposed revised visitation schedule for the child.

(h)

If relocation of the child is proposed, a third party entitled by court order to legal custody of or visitation with a child and who is not a parent may file an action to obtain a revised schedule of legal custody or visitation, but shall not prevent a relocation.

(j)

The party seeking to relocate shall have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child.

(k)

If relocation is permitted by the court:

(i)

The court shall order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact with the nonrelocating party unless the child's best interest warrants otherwise; and

(ii)

The court shall specify how the transportation costs will be allocated between the parties and adjust the child support, as appropriate, considering the costs of transportation.

(m)

After July 1, 2006, every court order establishing or modifying custody or visitation shall include the following language:

"Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty (60) days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1)

The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2)

The home telephone number of the new residence, if known;

(3)

The date of the intended move or proposed relocation;

(4)

A brief statement of the specific reasons for the proposed relocation of the child; and

(5)

A proposal for a revised schedule of custody or visitation with the child.

Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order are entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorneys' fees may be assessed against you if you fail to give the required notice."

(n)

Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under W.S. 20
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204, allowing the court to modify the prior custody decree.

(o)

Any party who objects in good faith to the relocation of a child's principal residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.

Section 2.
W.S. 20
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202(a)(iii) and 20
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204(c) are amended to read:

20
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202.

Visitation.

(a)

The court may order visitation it deems in the best interests of each child and the court shall:

(iii)

Require either parent who plans to change their home city or state of residence, to give written notice
thirty (30) days prior to the move, both to the other parent and to the clerk of district court stating the date and destination of the move
pursuant to W.S. 20
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205
.

20
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204.

Enforcement and modification.

(c)

A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children pursuant to W.S. 20
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201(a). In any proceeding in which a parent seeks to modify an order concerning child custody or visitation, proof of repeated, unreasonable failure by the custodial parent to allow visitation
and proof of failure to give notice of relocation pursuant to W.S. 20
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205
to the other parent in violation of an order may be considered as evidence of a material change of circumstances.

Section 3.
This act is effective July 1, 2006.

(END)

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SF0044