Divorce is an incredibly challenging process, especially when there are children involved. Parents going through a divorce often worry about the impact it will have on their children. Among their concerns is whether they can relocate out of state with their children after the divorce is finalized. If you happen to be in this situation and reside in Wyoming, this article is here to provide you with a comprehensive understanding of your legal rights as a parent.
Custody and Visitation in Wyoming
Before delving into the topic of whether you can move out of state with your children after obtaining a divorce in Wyoming, it is essential to familiarize ourselves with Wyoming’s custody and visitation laws.
Wyoming is a state that values the involvement of both parents in a child’s life. As a result, the courts in Wyoming typically order joint custody, unless one of the parents is determined to be unfit for custody. Joint custody grants both parents equal decision-making authority in regards to important matters concerning their child’s well-being, such as healthcare, education, and religion.
Regarding visitation schedules, Wyoming courts generally order reasonable visitation for the non-custodial parent. Typically, the visitation schedule is either mutually agreed upon by the parents or set by the court.
Wyoming Law on Relocation
In Wyoming, parents are legally permitted to relocate with their children. However, if you share joint custody with your ex-spouse and intend to move out of state, you must obtain court approval.
As outlined in Wyoming Statutes § 20-2-201(b), you must serve written notice to your ex-spouse if you plan to relocate with your children. To ensure legal compliance, this notice should be sent via certified mail with a return receipt requested. The notice must include the following information:
- The new address of your intended residence
- The rationale behind your decision to relocate
- A proposed visitation schedule for the non-custodial parent
- The date you plan to initiate the move
Once your ex-spouse receives the notice, they have thirty days to respond with a written objection to the proposed relocation. If your ex-spouse fails to respond within the specified timeframe, their consent to the move is presumed.
However, if your ex-spouse does object to the relocation, the matter will be brought before the court. The court will consider various factors when making a decision, including but not limited to:
- The reasons behind your proposed relocation
- The quality of the relationships between your child and each parent
- The potential impact of the move on your child’s emotional, physical, and educational development
- The feasibility of maintaining the relationship between the non-custodial parent and the child through visitation arrangements
- The motives of the parent seeking the move
- Any other relevant factors that may influence the court’s decision
Conclusion
In conclusion, moving out of state with your children after obtaining a divorce in Wyoming is indeed possible. However, it is crucial to obtain court approval before doing so. The court evaluates various factors before making a decision, making it imperative to seek the guidance of an experienced family law attorney to represent your best interests throughout the process.