Legal Question in Family Law in Wyoming

Grandparent visitation rights

My daughter and then 10 month old granddaughter moved into our home after she and her husband split up. She filed for divorce and it was finalized in Jan of this year. My daughter was given full custody of my granddaughter and the father was given only supervised custody due to abuse and alcohol and drug use. My daughter has decided to get back with the ex-husband and because of the bad feelings between he and my husband and I, we feel that we will lose any contact with our granddaughter when this happens. Do we as grandparents have any right to visitation. Can we file for visitation rights?


Asked on 7/12/03, 8:56 pm

1 Answer from Attorneys

Billie Ruth Edwards Edwards & Johnson, Attorneys, LLC

Re: Grandparent visitation rights

Yes, as grandparents you have rights to visitation with your granddaughter and you can file a lawsuit asking for those rights to be formalized by the court. You will have to sue your daughter.

The statute you cite, and which sets out what you must show to the court, is 20‑7‑101. Establishing grandparents' visitation rights.

It says: (a) A grandparent may bring an original action against any person having custody of the grandparent's minor grandchild to establish reasonable visitation rights to the child. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child's parents are not substantially impaired, the court shall grant reasonable visitation rights to the grandparent. In any action under this section for which the court appoints a guardian ad litem, the grandparent shall be responsible for all fees and expenses associated with the appointment.

If your daughter remarries before the Court hears your request, you must also designate her husband as a defendant, as he would also then be a person having custody of your granddaughter.

Unless you have a copy of your daughter's decree, you might want to sue both of them anyway, to finally settle the matter of your visitation rights among all of you.

Best wishes.

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Answered on 7/13/03, 12:43 am


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