Law & Legal & Attorney Children Law

Wyoming Child Relocation Laws

    • When parents in Wyoming divorce or separate with children, the custody situation can become very complicated. Often, both parents want to retain custody, and the case must be settled in court. But even when custody has been decided, the relocation of one of the parents further complicates matters. Whether or not they will be legally permitted to relocate with children depends on factors that include child custody rulings and the best interests of the child.

    Relocation During Custody Proceedings

    • When parents cannot decide themselves who will retain custody, the case will go to the state of Wyoming court. Often, a lengthy court battle ensues. Parents who wish to relocate with children during this time will almost certainly not be permitted to do so by the court, as it is uncertain whether or not that parent will retain custody in the end. Furthermore, if the Wyoming court believes that there is a risk that the parent with physical custody is a flight risk, the state may take custody of the child until the case has been settled.

    Relocation After Trial

    • Whether or not relocation of a child will be allowed custody has been determined depends upon many factors. Another court hearing will often be initiated if the other parent protests. Parents that do not have custody of a child or who have joint custody will have a much harder time making a case for relocating kids, as taking the child to a new area would be in direct conflict with earlier court rulings. But even parents with sole custody of children may have a hard time getting court approval to relocate the child. Often, the noncustodial parent will have visitation rights to the children. If the custodial parent relocates the child, these rights may be infringed upon. Wyoming courts also consider other factors in relocation trials, including the best interest and desires of the child, the distance that the custodial parent wants to move, and the life expected for the child in the new location. Both parents should seek reliable legal counsel in these cases.

    Child Support

    • If the custodial parent does successfully relocate with a child, the noncustodial parent will still be required to pay the same amount of child support as initially ordered by the Wyoming court. Virtually every state in the nation has laws requiring the collection of child support even from parents that reside in a different state than their children. Methods of collection may include garnishment of wages and the withholding of tax rebates.

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