Child custody.

2018
STATE OF WYOMING
18LSO-0011
Numbered
1.2

HOUSE BILL

NO.
HB0071

Child custody.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to custody and visitation; revising terms; providing definitions; conforming provisions; and providing for an effective date.

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

Section 1
.

W.S 20
‑
2
‑
119 is created to read:

20
‑
2
‑
119
.

Definitions.

(a)

As used in this title:

(i)

"
J
oint legal decision
making
"
means both parents share
legal
decision
making and neither parent
'
s rights or responsibilities are superior except with respect to specified decisions as set forth by
a
court order;

(ii)

"
L
egal decision
making
"
means the right and responsibility to make all nonemergency decisions for a child including those regarding education, health care, religious traini
ng and personal care decisions;

(iii)

"
Parental responsibilities
"
means legal decis
ion
making
and
parenting time;

(iv)

"
Parenting time
"
means the schedule detailing when each parent has access to a child and is responsible for providing the child with food, clothing and shelter and making routine decisions concerning the child
'
s care
;

(v)

"
S
ole legal decision
making
"
means one
(1)
parent has the legal right and responsibility to
conduct legal decision making
for a child.

Section 2
.

W.S 20
‑
2
‑
201(b) through (e), (g)
,
(h) and by creating a new subsection (j),
20
‑
2
‑
202(a)
(intro),
(i) and (ii), 20
‑
2
‑
203
(a), (b), (c)(intro) and (d)
, 20
‑
2
‑
204,
20
‑
2
‑
205(a) through (e),

20
‑
2
‑
304(a)
(intro)
, (b) and (d),
20
‑
2
‑
305(a) through (c) and (e) through (g), 20
‑
2
‑
307(b)(vii) and (xii), 20
‑
2
‑
316, 20
‑
2
‑
403(a)
(intro)
and (d), 20
‑
2
‑
406(a)
(vii)
, 20
‑
6
‑
104(a)(vi), 20
‑
6
‑
106(m)(xv), 20
‑
6
‑
108(a)(iii) and (b), 20
‑
7
‑
101(a) and (d) and 20
‑
7
‑
102(a) and (c) are amended to read:

ARTICLE 2
PARENTAL RESPONSIBILITIES

20
‑
2
‑
201
.

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

(b)

In any proceeding in which
the custody of a child

is
parental responsibilities are
at issue the court shall not prefer one (1) parent
as a custodian
solely because of gender.

(c)

The court shall consider evidence of spousal 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
a parenting time order
that best protects the children and the abused spouse from further harm.

(d)

The court shall order
custody
parental responsibilities
in well defined terms to promote understanding and compliance by the parties.
Custody
An order on parental responsibilities
shall be crafted to promote the best interests of the children, and may include
joint or sole legal decision
making or
any
combination of joint, shared or sole custody
allocation of parenting time
.

In determining parental responsibilities, a court shall not favor or disf
avor any form of legal decision
making
or parenting time
.

(e)

Unless otherwise ordered by the court,
the noncustodial
each
parent shall have the same right of access
as the parent awarded custody
to any records relating to the child of the parties, including school
records, activities, teachers and teachers
'
conferences as well as medical and dental treatment providers and mental health records.

(g)

At anytime a court is considering
the custody or visitation rights
parental responsibilities
of a service member, as defined by W.S. 20
‑
2
‑
205, the court shall comply with W.S. 20
‑
2
‑
205.

(h)

A court finding of physical placement of a child in a child support order shall not be considered a disposition of
custody
parental responsibilities
under this section.

(j)

A parent with l
egal decision
making
responsibility

for a child
shall
be considered to
have legal custody of the child
for purposes of interpreting the Wyoming statutes, Wyoming rules and federal law.

20
‑
2
‑
202
.

Parenting time.

(a)

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

(i)

Order
visitation
parenting time
in enough detail to promote understanding and compliance;

(ii)

Provide for the allocation of the costs of transporting each child for purposes of
visitation
parenting time
;

20
‑
2
‑
203
.

Jurisdiction for enforcement and modification.

(a)

A court in this state which enters a
custody
parental responsibilities
order under W.S. 20
‑
2
‑
201 has continuing subject matter jurisdiction to enforce or modify the decree concerning
the care, custody and visitation of
parental responsibilities for
the children as the circumstances of the parents and needs of the child require, subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. A service
member
'
s temporary duty, deployment or mobilization, as defined in W.S. 20
‑
2
‑
205, shall not alter any court
'
s continuing jurisdiction under this section. A court which has jurisdiction to enforce or modify an order under this section may decline to exercise its jurisdiction if it finds it is an inconvenient forum under the circumstances of the case and that the court which entered the original order is a more appropriate forum and has jurisdiction as set forth in the Uniform Child Custody Jurisdiction and Enforcement Act.

(b)

A court in any county in Wyoming in which the child has lived with his parents, a parent or a person acting as a parent for six (6) consecutive months immediately prior to commencement of the
custody
parental responsibilities
proceeding may assert subject matter jurisdiction and adjudicate any proceedings involving the child. Periods of temporary absence of any of the named persons shall be included as part of the six (6) month period.

(c)

Any party seeking to enforce or modify a
custody
parental responsibilities
order pursuant to this section shall attach a certified copy of the
custody
order to the petition to be enforced or modified. A certified copy of
an
a parental responsibilities
order entered by a Wyoming court
providing for the care, custody or visitation of children
may be filed in the office of the clerk of the district court of any county in this state in which either parent resides if neither parent resides in the county of original jurisdiction. The district court for the county in which the order is filed has jurisdiction to enforce the order, provided:

(d)

In any proceeding to enforce or modify
an
a parental responsibilities
order
,

concerning the care, custody and visitation of children,

any required notice or pleading shall be served as provided by the Wyoming Rules of Civil Procedure.

20
‑
2
‑
204
.

Enforcement and modification.

(a)

Either parent may petition to enforce or modify any court order regarding
custody and visitation
parental responsibilities
.

(b)

A court having jurisdiction under W.S. 20
‑
2
‑
203 may, upon appropriate motion of a party, require a parent to appear before the court and show just cause why the parent should not be held in contempt, upon a showing that the parent has willfully violated an order concerning
the

care, custody and visitation of
parental responsibilities for
the children. In order to enforce and require future compliance with an order the court may find that the parent is in contempt of court, award attorney
'
s fees, costs and any other relief as the court may deem necessary under the circumstances to the party aggrieved by the violation of an order.

(c)

A court having jurisdiction may modify an order concerning
the care, custody and visitation of the children
parental responsibilities
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
‑
2
‑
201(a). In any proceeding in which a parent seeks to modify
an order concerning child custody or visitation
a parental responsibilities order
, proof of repeated, unreasonable failure by
the custodial parent to allow visitation
one
(1)
parent to allow parenting time
to the other parent in violation of an order may be considered as evidence of a material change of circumstances. Any modification under this subsection shall be subject to the limitations and requirements of W.S. 20
‑
2
‑
205.

20
‑
2
‑
205
.

Temporary military duty; definitions; modification of orders; parenting time assignment; electronic evidence.

(a)

When a service member who has
custody or visitation of
parental responsibilities for
a child receives temporary duty, deployment or mobilization orders from the military which require the service member to move a substantial distance from the service member
'
s residence or otherwise have a temporary but material effect on the
service member
'
s ability to exercise
custody or visitation
parental

responsibilities
:

(i)

Any order establishing
the terms of custody or visitation in place
parental responsibilities
at the time the service member receives the temporary duty, deployment or mobilization orders may only be temporarily modified so as to provide for the child
'
s best interests;

(ii)

Any order modifying an existing
custody or visitation
parental responsibilities
order that is determined necessary due to the temporary duty, deployment or mobilization of a service member shall specify that the service member
'
s military service is the basis for the order and shall further state that it is entered by the court solely as a temporary order;

(iii)

In issuing any
temporary custody or visitation
parental responsibilities
order under this section, the court shall consider whether the temporary order should automatically terminate;

(iv)

For purposes of determining
custody and visitation
parental responsibilities
after the return of a service member and upon motion under W.S. 20
‑
2
‑
204, the temporary duty, mobilization or deployment of the service member, and the resulting temporary disruption to a child
'
s schedule, shall be neutral factors in determining a material change in circumstances and shall not, alone, constitute a material change in circumstances warranting a permanent modification of
custody or visitation rights
parental responsibilities
.

(b)

If a service member with
visitation rights

court ordered
parenting time
receives temporary duty, deployment or mobilization orders that require the service member to move a substantial distance from the service member
'
s residence or otherwise have a material effect on the service member
'
s ability to exercise
visitation rights
parenting time
, the court may, upon motion of the service member, order that the service member
'
s
visitation rights
parenting time
, or a portion thereof, may be exercised by a family member with a close and substantial relationship to the minor child for the duration of the service member
'
s
absence, if the alternate visitation is in the child
'
s best interest.

(c)

Upon motion of a service member who has received temporary duty, deployment or mobilization orders, the court shall, for good cause shown, expedite any pending hearing in
custody and visitation
parental responsibility

matters when the military duties of the service member have a material effect on the service member
'
s ability, or anticipated ability, to appear in person at a regularly scheduled hearing.

(d)

Upon motion of a service member who has received temporary duty, deployment or mobilization orders together with reasonable advanced notice and proof that the service member
'
s military duties have a material effect on his ability to appear in person, the court may allow the service member to present testimony and evidence by electronic means in pending
custody and visitation
parental responsibility
matters. The phrase
"
electronic means
"
includes communication by telephone, video teleconference or the Internet.

(e)

Nothing in this section shall alter the duty of the court to consider the best interest of the child in deciding
custody or visitation
parental responsibility
matters.

20
‑
2
‑
304
.

Presumptive child support.

(a)

Child support shall be expressed in a specific dollar amount. The following child support tables shall be used to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for whom support is being sought. After the combined net income of both parents is determined it shall be used in the first column of the tables to find the appropriate line from which the total child support obligation of both parents can be computed from the third column. The child support obligation computed from the third column of the tables shall be divided between the parents in proportion to the net income of each. The
noncustodial parent
'
s

share of the
joint child support obligation

belonging to the parent with the minority of yearly overnight parenting time
shall be paid to the
custodial
other
parent
through the clerk as defined by W.S. 20
‑
6
‑
102(a)(x):

(b)

Where the combined income of the
custodial parent and the noncustodial parent
parents
is less than eight hundred forty
‑
six dollars ($846.00), the support obligation of the
noncustodial
parent
with the minority of yearly
overnight
parenting time
shall be twenty
‑
two percent (22%) of net income for one (1) child and twenty
‑
five percent (25%) of net income for two (2) or more children, but in no case shall the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the
noncustodial

parent
with the minority of yearly
overnight
parenting time
owes a duty of support.

(d)

When each parent has
physical custody of
a majority of yearly
overnight
parenting time for
at least one (1) of the children, a joint presumptive support obligation for all of the children shall be determined by
use of the tables. The joint presumptive support amount shall be divided by the number of children to determine the presumptive support obligation for each child, which amount shall then be allocated to each parent based upon the number of those children
in the physical custody of
for whom
that parent
has the majority of yearly
overnight
parenting time
. That sum shall be multiplied by the percentage that the other parent
'
s net income bears to the total net income of both parents. The obligations so determined shall then be offset, with the parent owing the larger amount paying the difference between the two (2) amounts to the other parent as a net child support obligation.

20
‑
2
‑
305
.

Abatements.

(a)

Unless otherwise ordered by the court, child support shall abate by one
‑
half (1/2) of the daily support obligation for each day the
noncustodial
parent
with the minority of yearly
overnight
parenting time
has
physical custody of
parenting time with
the child for whom support is due, provided that
the noncustodial

parent has
custody
of
parenting time with
the child for fifteen (15) or more consecutive days. The daily support obligation shall be computed by multiplying the monthly child support obligation by twelve (12) and dividing the product by three hundred and sixty
‑
five (365). For the purposes of computing abatement and determining whether the
noncustodial
parent
with the minority of yearly
overnight
parenting time
has met the consecutive day requirement of this subsection, overnight and weekend visits with the
custodial
parent
with the majority of yearly
overnight
parenting time
during the period for which abatement is claimed shall be disregarded.

(b)

The
noncustodial
parent
with the minority of yearly
overnight
parenting time
shall file any claim for child support abatement with the clerk of the court within thirty (30) days after the period for which abatement is claimed and shall pay to the clerk the sum of ten dollars ($10.00). The clerk shall mail a copy of the claim to the
custodial
other
parent at the address provided to the clerk by
the custodial
th
e
parent

filing the claim
.

(c)

The
custodial
parent
with the majority of yearly
overnight
parenting time
shall have the right to object to any claim for abatement made by the
noncustodial
other
parent. The
custodial parent
'
s
right to object shall be limited solely to issues related to the legitimacy or accuracy of the abatement claim. The
custodial
objecting
parent shall file any objection to the abatement claim with the clerk of court within thirty (30) days of the date the clerk mailed the notice of claim for abatement and shall pay to the clerk a fee of ten dollars ($10.00). The
custodial
parent

who may object to a claim
may approve the abatement claim prior to the expiration of the thirty (30) day time period for objections by filing notice of immediate approval with the clerk of the court, and no filing fee shall be assessed for filing of such notice of immediate approval. The clerk shall mail a copy of the objection or notice of immediate approval to the
noncustodial
parent

making the claim
at the address provided to the clerk by that parent.

(e)

The clerk shall notify the court of claims and objections not barred and of any arrearage owed by the
noncustodial
parent
with the minority of yearly
overnight
parenting time
, and the court shall promptly resolve the differences, with or without a hearing, and prepare and file an appropriate order.

(f)

Abatement amounts shall be applied to any current child support due and then to any arrearage balance owed to
the custodial
a
parent for past
‑
due child support. If there is no arrearage and no objection was filed within the thirty (30) day period for objections, or if there is no arrearage and a notice of immediate approval was filed prior to the expiration of the thirty (30) day period for objections, the abatement amount shall be reduced from the next scheduled payment of child support.

(g)

In all cases in which the
custodial
parent
with the majority of yearly
overnight
parenting time
has filed an objection to a claim for abatement within the thirty (30) day time period, the
noncustodial
parent

who filed the abatement claim
shall have the right to respond to the objection. The
noncustodial parent
'
s
right to respond to the objection shall be limited solely to issues raised in
the objection
. The noncustodial parent shall file any response

and
shall be filed
with the clerk of the court within fifteen (15) days of the date the clerk mailed the objection to the
noncustodial
responding
parent
.
, and

N
o filing fee shall be assessed. The clerk shall mail a copy of the response to the
custodial
objecting
parent at the address provided to the clerk by the
custodial
objecting
parent

in the abatement claim
. The court shall fully consider the abatement claim
of the noncustodial parent
regardless of whether a response to the objection was filed.

20
‑
2
‑
307
.

Presumptive child support to be followed; deviations by court.

(b)

A court may deviate from the presumptive child support established by W.S. 20
‑
2
‑
304 upon a specific finding that the application of the presumptive child support would be unjust or inappropriate in that particular case. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth fully in the order or decree. In
determining whether to deviate from the presumptive child support established by W.S. 20
‑
2
‑
304, the court shall consider the following factors:

(vii)

The cost of transportation of the child to and from
visitation
parenting time
;

(xii)

Whether or not either parent has violated any provision of the divorce decree, including
visitation
parenting time
provisions, if deemed relevant by the court; and

20
‑
2
‑
316
.

Adjustment of child support for a disabled adult child.

(a)

A
noncustodial
parent may petition for an adjustment of child support for a child who has reached the age of majority but qualifies under W.S. 14
‑
2
‑
204(a)(i) to continue to receive support from
the noncustodial
the petitioning
parent. The court shall allow the adjustment in cases where the
noncustodial
petitioning
parent proves by a preponderance of the evidence that an adjustment of the
child support order is in the best interest of the child who has reached the age of majority.

(b)

A
noncustodial
parent petitioning the court for an adjustment under this section shall adhere to the requirements of W.S. 20
‑
2
‑
311.

20
‑
2
‑
403
.

Department of family services; duties of department and parent; rules and regulations.

(a)

In IV
‑
D cases where
the noncustodial
a
parent is required to provide health care coverage pursuant to a child support order, and for whom the employer is known, the department shall enforce the provision of court ordered health care coverage for dependent children, where appropriate, through the use of the national medical support notice as provided by federal or state law, unless alternate coverage is allowed by any order of the court or tribunal, including:

(d)

The
custodial
parent
with applicable
legal
decision
making responsibility for a child
, in consultation
with the department, shall promptly select from available insurance plan options when the insurance plan administrator reports that there is more than one (1) option available under the plan, and shall take into consideration the income withholding of, and costs to, the obligor.

20
‑
2
‑
406
.

Definitions.

(a)

As used in this act:

(vii)

"
National medical support notice
"
means the federally approved national medical support notice used to enforce the provision of health care coverage in IV
‑
D cases for children of
noncustodial
parents
without
legal
decision

making
responsibility
for a child
who are required to provide health care coverage through an employment
‑
related group health plan in accordance with a child support order;

20
‑
6
‑
104
.

Child support enforcement services generally.

(a)

The services in intrastate and interstate situations provided under the child support enforcement program subject to or by appropriate orders of the court shall include:

(vi)

The location of persons, upon request of
the noncustodial
a
parent, in cases of denial or interference with court ordered
visitation
parenting time
or in cases in which
the custodial
a
parent has removed the child from the state and failed to give notice of change of address in violation of a court order;

20
‑
6
‑
106
.

Powers and duties of department regarding collection of support.

(m)

The department may:

(xv)

Appear in any judicial proceeding on behalf of the state when any obligee or obligor makes application for IV
‑
D services, in order to establish, enforce or modify a child support order, medical support order or a spousal
support order, if the spousal support issue is considered in conjunction with the child support or medical support issues, provided the department shall not be required to participate in
visitation, custody
matters of parental responsibilities
, property settlement or other issues between the parties. The department shall certify that the obligee, obligor or child has applied for or is receiving Title IV
‑
D services. Initial pleadings filed by the department or its contractors shall state that the action is being taken pursuant to this act or Title IV
‑
D;

20
‑
6
‑
108
.

State parent locator service.

(a)

The department shall act as a state parent locator service to assist in:

(iii)

The location of persons, upon request of
the noncustodial
a
parent, in cases of denial or interference with court ordered
visitation
parenting time
or in cases in which
the custodial
a
parent has removed the child from the state and failed to give notice of change of address in violation of a court order.

(b)

The department may request from state, county and local agencies all information and assistance necessary to carry out the purposes of this section. All state, county and city agencies, officers and employees shall cooperate in the location of parents who have violated
custody or visitation orders
an order on parental responsibilities
or abandoned, deserted or failed to support their children and shall supply the department with all information available relative to the location, income and property of the parents.

20
‑
7
‑
101
.

Establishing grandparents
'
visitation rights.

(a)

A grandparent may bring an original action against any person having
custody of
parental responsibilities for
the grandparent
'
s minor grandchild to establish reasonable visitation rights to the child. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child
'
s parents are not substantially impaired, the court shall grant reasonable visitation rights to the grandparent. In any action under this section for which the court appoints a guardian ad litem, the grandparent shall be responsible for all fees and expenses associated with the appointment.

(d)

In any action or proceeding in which visitation rights have been granted to a grandparent under this section, the court may for good cause upon petition of the person having
custody
parental responsibilities for the child
or who is the guardian of the child, revoke or amend the visitation rights granted to the grandparent.

20
‑
7
‑
102
.

Establishing primary caregivers
'
visitation rights.

(a)

With notice or reasonable efforts to provide notice to the
noncustodial parent
parents
, a person may bring an original action against any person having
custody of
parental responsibilities for
the child to establish reasonable visitation rights to the child if the person bringing the original action has been the primary caregiver for the child for a period of not less than six (6) months within the previous eighteen (18) months. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child
'
s parents are not substantially impaired, the court shall grant reasonable visitation rights to the primary caregiver. In any action under this section for which the court appoints a guardian ad litem, the person bringing the original action under this section shall be responsible for all fees and expenses associated with the appointment.

(c)

In any action or proceeding in which visitation rights have been granted to a primary caregiver under this section, the court may for good cause upon petition of the person having
custody
parental responsibilities for the child
or who is the guardian of the child, revoke or amend the visitation rights granted to the primary caregiver.

Section 3
.

W.S. 20
‑
6
‑
102(a)(i) is repealed.

Section 4
.

This act is effective July 1, 2018.

(END)

1
HB0071