Legal Question in Family Law in Wyoming

Order of Protection

I have an order of protection against my ex boyfriend which grants me temporary custody of our child, and gives him supervised visitation. Since July 07 he has only used his visitation rights twice, and the last time was at the beginning of August. His family would really like to see our daughter, but I am hesitant to leave her with them because I'm afraid my ex will take her and leave. Should I let them see her? I really want to trust them, its just that he has taken her from me twice already, which is why he only has supervised visitation and both times, he stayed at his moms house and she did nothing to help me get her back. Is there any way I can make sure they don't leave their house with her??


Asked on 10/12/07, 10:11 am

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Order of Protection

I practice in Montana, which might have different laws and practices from Wyoming's. For that reason, I won't give legal advice, but I'll give you some common sense suggestions.

Your question: Is there any way I can make sure they don't leave their house with her??

My answer: The one foolproof way is not to leave the child at their house.

First, Grandmother was present twice and twice did nothing to assist when Dad refused to return the child. How in commonsense can you trust her?

Second, mamas as supervisors are in a no-win position. If Grandma doesn't give in to Dad, he takes it out on her. If Grandma does give in to Dad, she's an untrustworthy supervisor and you can't leave the child with her.

Find a neutral supervisor, preferably a professional supervisor who will take the child to Grandma's house and return her to you. Or find a professional setting with trained supervisors and a security protocol.

Third, Montana practice is that, when Dad has his parenting time, he arranges for his parents to visit with the child. When Mom has her parenting time, she arranges for her parents to visit with the child. So, if Dad's parents want to see the child, they go with Dad to the supervised visit, or the supervisor takes the child to their house for the visit. This works for several reasons:

(1) Grandparents don't have to play cop to their misbehaving son. And that is good because

(2) You can't trust them when a problem arises.

(3) Your child gets to know her grandparents a little better.

If Grandmother is the court-ordered supervisor, you might have to move to modify the order to replace the supervisor. On the other hand, if the order merely says you will find a supervisor, then find another! Then let Grandmother know that she's not cut off from seeing the child, she can visit when Dad does.

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Answered on 10/13/07, 9:21 am


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