Child preference in custody determinations.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0062

SENATE FILE
NO.
SF0053

Child preference in
custody
determinations
.

Sponsored by:
Senator(s) Landen

A BILL

for

AN ACT relating to
domestic relations;

providing
that the
wishes
of a child shall be considered
in child
custody
determinations
as specified;

and providing for an effective date.

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

Section
1
.

W
.S.

20
‑
2
‑
112(b)
and
20
‑
2
‑
201(a) by creating a new paragraph (x) and by renumbering (x) as (xi)
are amended to read:

20
‑
2
‑
112.

Examination concerning property interests; enforcement of court orders; temporary custody of children.

(b)

On the application of either party, the court may make such order concerning the care and custody of the minor children of the parties and their suitable maintenance during the pendency of the action as is proper and necessary and may enforce its order and decree in the manner provided in subsection (a) of this section.
The court shall consider the wishes of each minor child if the child is of sufficient age and capacity to form an intelligent preference as to his custody.

The party applying for the order shall notify the court of any known protection or custody orders issued on behalf of the parties from any other court. The court shall consider evidence of spouse abuse or child abuse as being contrary to the best interest of the children. If the court finds that family violence has occurred, the court shall make arrangements for visitation during temporary custody that best protect the children and the abused spouse from further harm.

20
‑
2
‑
201.

Disposition and maintenance of children in decree or order; access to records.

(a)

In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14
‑
2
‑
401 through 14
‑
2
‑
907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

(x)

The wishes of the child if the child is of sufficient age and capacity to form an intellige
nt preference as to his custody;

(x)
(xi)

Any other factors the court deems necessary and relevant.

Section 2
.

This act is effective July 1, 2011.

(END)

1
SF0053