Legal Question in Family Law in Wyoming
Custody
My ex and I have a three month old son together. I was fifteen when i got pregnant sixteen when i had him and still presently sixteen and he is now eightteen. He hasn't spent more than two hours alone with him and told me he had more rights to him than I do because of age. I have been the one who has taken care of him 98% of the time. I am currently looking at colleges to go to and he says he can have my son taken from me by Friday (today is Wed) just because he is 18, does he have more rights to my son than i do just because of his age??
1 Answer from Attorneys
Re: Custody
That threat is so old it's pathetic. Just because one dog barks louder than the rest doesn't make the loud dog right.
I do not practice in Wyoming, and your parenting laws might differ from Montana's. Find a family law attorney! Call your state bar association for a referral, or call your Legal Services Corporation office.
This is not legal advice, just some ideas for you to think about:
1. I would be stunned if Wyoming law decided custodial issues solely by the parents' ages.
2. In Montana, we use "child's best interests" as a basic standard of care, and we determine who will better meet those interests.
3. Generally speaking, a parent who does not spend any time with a child is not meeting a child's basic need for nurturing and affection.
4. Generally speaking, a parent who is able to financially support the child and does not pay support is not acting in the child's best interest.
I don't know what kind of guy this fellow is. If he's threatening to take the child, and if he really has not been an active parent, then he likely will not know how to care for and nurture the baby. You are not required to release the baby to him unless a parenting order requires you to do that.
Do not be initimidated by loud barking. Check out Wyoming's custody law at the county library (assuming your library has a copy). Go to the Wyoming government homepage and roam around for Wyoming Code Annotated, or search for "law +child" and other combinations of search words. Get an attorney's help to draft a petition for the court to adopt a parenting plan that will protect you as a parent and your baby.
Good luck.