Legal Question in Family Law in Wyoming

Re: Child Custody

I practice in Montana, so your law might vary. But here's what I'd tell you if you were a Montana resident:

In my jurisdiction, the practice is that the court enters the order of protection (OP) into the 911 Dispatch computer. When you call in a violation, Dispatch enters your name into the computer and your OP pops up (or at least notice that the OP exists). When you describe the violation, Dispatch can read in the order that Respondent taking the child is a violation of a direct order from the Judge. Of course, I'm assuming the Judge entered that warning into the written order.

If the Judge's admonition is not in writing, you will have to get in front of the Judge a.s.a.p. Call the Judge's clerk, tell the clerk what happened and if you can get into court today on an emergency motion.

Now, sit down in front of a computer and look at your Petition for OP and the OP. You will need to draft a motion, and you will need to clearly describe the relief you seek.

Follow the format in those two documents -- use the caption and case number, and name the document something like Motion for Emergency Intervention in Violation of Order of Protection. The point is to enable the Judge to immediately see what's going on.

Refer the Judge to his OP. Remind the Judge that he said, "Until you (Respondent) get an attorney and prove paternity, you have no right to the child and also no obligation. Just because I have not awarded custody today does not mean you (Respondent) can just take the law into your own hands and go pick up the child either. We aren't going to play that game."

At the end, where you set out what you want, be specific. Something like:

1. Provide a civil assist to accompany Petitioner when she picks up Child.

2. Hold Respondent in contempt of the Court's order.

3. Order Respondent to pay you whatever wages you lost when you had to leave work to draft and deliver the motion, and appear in court.

Then ask the daycare what the heck they were thinking to release a child to someone who had an OP against him and was admonished not to take the child. I'm assuming you gave a copy of the OP to the daycare. If not, do it now, and give copies to anyone else who might take care of the child, including preschool, grandparents, babysitters, etc.

Get a written parenting plan as soon as you can. Call the Wyoming State Bar and ask if they have a lawyer referral service or a pro bono program that will provide low-cost or no-cost attorneys.

Call your child support enforcement office. Ask what you need to do to open a child support file. Ask about determining paternity. They can probably order Dad to have a paternity test to confirm or rule out paternity. Then they will determine a child support amount and begin collecting for you. Takes a while, 6 - 9 months, but it's a lovely gift you give yourself and your child.

Good luck.