Child custody-sex offense conviction presumption.

Plain English Breakdown

The bill text specifies that it is effective immediately upon completion of all acts necessary for a bill to become law, as provided by Article 4, Section 8 of the Wyoming Constitution. However, this does not provide specific details on when exactly these steps were completed.

Child Custody and Sex Offender Convictions

This law requires courts to consider whether a parent has been convicted of a sex offense when deciding custody or visitation rights during divorce, separation, annulment, or paternity cases.

What This Bill Does

• Adds a requirement for courts to look at if either parent must register as a sex offender when making decisions about what is best for the child's welfare in custody and visitation cases.
• Creates a rule that it’s not usually good for children to have unsupervised time with parents who are required to register as sex offenders, but this can be changed if there's proof otherwise.

Who It Names or Affects

• Courts that handle divorce, separation, annulment, or paternity cases
• Parents who have been convicted of sex offenses and must register as such

Terms To Know

rebuttable presumption

A rule in court where something is assumed to be true unless there's strong evidence that it isn't.

sex offender registry

A list of people who have been convicted of sex crimes and are required by law to register with the government.

Limits and Unknowns

• The bill does not specify what happens if a parent is on the sex offender registry but has proof that unsupervised visitation would be safe for their child.
• It's unclear how this will affect cases where both parents are required to register as sex offenders.

Official Summary Text

Bill Summary - 25LSO-0048

Bill No.:

HB0083

Effective:

Immediately

LSO No.:

25LSO-0048

Enrolled Act No.:

HEA No. 0060

Chapter No.:

120

Prime Sponsor:

Pendergraft

Catch Title:

Child custody-sex offense conviction presumption.

Has Report:

No

Subject:

Providing for the consideration of sex-based criminal offenses in child custody and visitation determinations.

Summary/Major Elements:

When a court is making a custody determination during a divorce, separation, annulment, or paternity action, the court must make a determination that is in the child's best interests based on specified factors. This act provides that a court must consider, among other factors, whether either parent has a conviction for which the parent is required to register as a sex offender.

The act also establishes that, when a court is considering visitation, there is a rebuttable presumption that it is not in the child's best interests to grant unsupervised visitation to a parent who is required to register as a sex offender.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

25LSO-0048

ORIGINAL House

Bill No
.
HB0083

ENROLLED ACT NO. 60,

HOUSE OF REPRESENTATIVES

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session

AN ACT relating to domestic relations; specifying a rebuttable presumption that no sex offender shall have unsupervised visitation with a child; requiring consideration of sex-related convictions when considering the best interests of a child in custody determinations upon divorce; and providing for an effective date.

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

Section 1
.

W.S. 20
‑
2
‑
201(a) by creating a new paragraph (x) and by renumbering (x) as (xi) and 20
‑
2
‑
202 by creating a new subsection (b) are amended to read:

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)

Whether either parent has a conviction for which the parent must register as a sex offender under W.S. 7
‑
19
‑
301 through 7
‑
19
‑
310;

(x)
(xi)

Any other factors the court deems necessary and relevant.

20
‑
2
‑
202.

Visitation.

(b)

When considering an order for visitation, there shall be a rebuttable presumption that it is not in the best interests of a child to grant unsupervised visitation to a parent who is required to register as a sex offender under W.S. 7
‑
19
‑
301 through 7
‑
19
‑
310.

Section 2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1