Legal Question in Family Law in Wyoming
Told where to live/work, etc.
A friend with whom I work has just been through a nasty custody dispute with her former husband. When it was all said and done they came to a sort of joint custody agreement. I have two questions... The judge mandated that she is not to move out of town for the next 5 years. She has absolutely no convictions of any kind and, for that matter, has never been arrested for anything or even found to be unfit. I can't see that this could possibly be even close to legal. Is it? Second... Her ex is now forcing her back into court saying that she is under-employed because she didn't take a job that her ex set up for her. She works 3 jobs! Two of them being very respected in the education community. She's now worried because if the judge can mandate where she lives, she's scared that he will also mandate where she works... even though it isn't in her trained/degreed field. Is this possible?
1 Answer from Attorneys
Re: Told where to live/work, etc.
The short answer is:
If it was truly his own idea, the judge's mandate as to where your friend lives is blatantly unconstitutional.
If the judge has violated the Constitution, it is quite possible he would find she is underemployed.
Now ... It is quite possible that your friend agreed to this restriction in the "joint custody agreement" she entered into with her ex-husband. If she did, the judge may properly enter that order in ratification of the agreement. While your friend could not contract to do something illegal, she may contract away her right to move - in the best interest of the child(ren).
In determining whether your friend is underemployed, the judge will look at what is in the best interest of the child(ren). If your friend is working at 3 jobs for pennies and could be working at one job for dollars (thus theoretically earning a better way of life for her child(ren) which in addition would leave her more time to spend with them) he may well find she is underemployed. While it is unlikely the judge would directly rule she must work at "X", what he might do to penalize her for having a less than optimal (for the child(ren)) job is unknown without more facts.
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