Legal Question in Family Law in Wyoming

child custody

i have signed over temporary custoday of my son to his father who is a treatment facility now the place he is at is trying to make me have supervised visitation with him. if i take him from school will it be considered kidnapping the papers say i get normal and reasonable visitation.


Asked on 2/19/05, 7:42 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: child custody

I practice in Montana, not Wyoming, and our law might differ from Wyoming. These are general comments, and not legal advice.

It sounds like when you "gave temporary custody" your district court issued an order regarding your parenting time with the child. If you do not stay within the limits of that order, you will be in contempt of court. Depending on what you do when you go outside the limits of the order, you might be charged with a criminal offense, the court might reduce the parenting time you now have, the court might further modify the custodial arrangement now in place. To legally do anything other than what is allowed in the order, you need written permission from the custodial parent (father), and you would be wise to file that written permission with the court, or you need to file a motion to modify the existing parenting arrangement.

"Normal and reasonable visitation" is a very vague term that doesn't say much, does it. What you consider reasonable might not be what father considers reasonable. You can file a motion to adopt a more specific parenting schedule. In your motion, briefly explain the problems with such a vague description of your authorized parenting, set out the schedule you want, and briefly explain why your specific schedule is better than the vague "normal and reasonable."

If you want to have a visit after school, call the school to make sure you are authorized to take the child from school grounds. If you want a regular after-school visit, you can address that in your motion.

You said, "i have signed over temporary custoday of my son to his father who is a treatment facility." Are you saying the father is in the facility? If that's the case, where does the facility get the authority to require you to have supervised visitation? If your son is in the facility, who is trying to require supervision and on what grounds? Once you have those answers, you might address in your motion that your time does not require supervision.

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Answered on 2/20/05, 6:43 am


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