Legal Question in Family Law in Wyoming
Custody of my 2 year old daughter
My ex boyfriend and I split up at the end of July 2006 and I moved out of the apartment we shared and took our 2 year old daughter with me. He has started several fights with my friends since then, and one was at my work which resulted in him having a criminal no trespass order put against him. I started dating someone recently and he got mad and jealous about it and tried to start a fight. I ended up putting a criminal no trespass order against him at my house and when I dropped my daughter off for his mom to watch her the next day, he said I couldn't come and get her until I took him to court for custody. I am a single mom, I work a regular 40 hour a week job in a small town. I don't have the money to get a lawyer and take him to court. Are there any alternatives, or any suggestions on how to get a lawyer, or at least temporary custody to make him take me to court? I've been told that if he serves me with papers, I can get an attorney that I don't have to pay for but not the other way around. I have not seen her for 2 weeks now because every time I try to make a time to go see her, he says he's busy or else I go there and no one is home. Any help would be REALLY appreciated.
2 Answers from Attorneys
Re: Custody of my 2 year old daughter
not my jurisdiction. sorry.
Re: Custody of my 2 year old daughter
I do not practice in Wyoming, so I cannot give you legal advice. I practice family law in Montana, so I will tell you what you might do in Montana.
First, hire a lawyer.
-- Call the Wyoming State Bar Association and ask if they have a pro bono referral program. "Pro bono publico" is free or low cost legal help "in the public good."
-- If you have a county or regional bar association, call its president with the same question.
-- Call your nearest Legal Services Corporation for help. (Informally called Legal Aid in a lot of places. Ours is Montana Legal Services, and our local office is Missoula Legal Services.)
-- Call your parents for financial help in case you cannot get pro bono representation.
-- Call the police and ask if they will assist you in retrieving your daughter. They might not be able to do much -- they enforce laws and orders, and you do not have a parenting/custody order. But perhaps their presence on the front porch will have some influence.
-- Make sure they know Dad has two criminal no trespass orders because of his lack of control and physical aggression.
-- Let them know Dad has interfered for two weeks with your "de facto" custody of your toddler. "De facto" is the "in fact" custody arrangement you have, it's what you've been practicing for two years. As I said, you don't have a legal (written court order) custody order, but Dad has been okay with the de facto custody plan and that is what the child is accustomed to.
-- Immediately file a petition for interim parenting order.
-- Make sure you mention that Dad has two criminal no trespass orders against him for assaultive behavior and lack of control.
-- Make sure you stress that he has refused to return the child for two weeks.
-- Make sure your attorney asks for legal fees if that's available under Wyoming law.
-- Make sure you ask the Court to order Dad into anger management treatment, alcohol treatment if that was a factor in his assaults, a comprehensive parenting course.
-- Consider requiring Dad to have (and pay for) supervised visitation with the child until he completes these programs. He's proved the lengths he's willing to go, through the child, to get at you. His behavior is not in the child's best interest, which should be his focus.
And once you have your daughter back, do not release her to anyone on Dad's side of the family until you have an enforceable court order.