legal question

[urinal_cake]

I have a friend who is divorced and has 2 teenage boys she rarely sees due to the ex-husband's new wife and her intimidation/bullying tactics. The original agreement was to joint custody, but it hasn't been followed for a number of years.

Now it has been brought to her attention that there's been physical and emotional abuse by the stepmother toward these kids. Right now the children are residents of Wyoming as are the father and stepmother. The mother (my friend) is a Colorado resident, and has contacted the proper authorities so they may investigate. My question is if she chooses to pursue full custody through the court system, is she going to need to file her petition/complaint in Wyoming or Colorado?™

[Jared]

I have a friend who is divorced and has 2 teenage boys she rarely sees due to the ex-husband's new wife and her intimidation/bullying tactics. The original agreement was to joint custody, but it hasn't been followed for a number of years.

Now it has been brought to her attention that there's been physical and emotional abuse by the stepmother toward these kids. Right now the children are residents of Wyoming as are the father and stepmother. The mother (my friend) is a Colorado resident, and has contacted the proper authorities so they may investigate. My question is if she chooses to pursue full custody through the court system, is she going to need to file her petition/complaint in Wyoming or Colorado?™


WOW. Umm....you may have to check state laws in both states. Where was the custody agreement originally done? I am not a lawyer, but I am guessing that that is the state she would have to go to first.

[y2cragie]

My little legal knowledge of the US system aside. I would have to agree with Jared. The state where the original agreement was signed will be where it should be sorted out, as it will need to be that agreement which will need to be changed.

[Uula Bear]

if it's anything like filing for a divorce then wherever it's filed from is where the court process will take place. I know a guy who married a woman in Vegas, they both lived in Alaska for a number of years and bought a house & cars. He wanted to get half of everything after he left and moved to Phili and filed for divorce there and the lady had to fly out there to defend her home. Since divorce & coustody of kids go hand & hand then I'd tell her to file the papers at the nearest court house.

[LawDog]

I agree with Jared et al, if the divorce and custody agreement were filed in Colorado, then her custody petition would be there. If they were filed in some other state (not Colorado or Wyoming) then her petition may need to be filed in that state but may be able to be filed in Wyoming.

The only direct requirement of filing in Wyoming is if she wanted to sue for damages against the new wife (not very likely since she probably just wants custody and actual damages may not be much) and the new wife had no contacts with Colorado and all the abuse etc. occured in Wyoming.

In any event, she needs to get a good attorney - she must get back to joint custody at the least and has a good shot at full custody.

[urinal_cake]

I agree with Jared et al, if the divorce and custody agreement were filed in Colorado, then her custody petition would be there. If they were filed in some other state (not Colorado or Wyoming) then her petition may need to be filed in that state but may be able to be filed in Wyoming.

The only direct requirement of filing in Wyoming is if she wanted to sue for damages against the new wife (not very likely since she probably just wants custody and actual damages may not be much) and the new wife had no contacts with Colorado and all the abuse etc. occured in Wyoming.

In any event, she needs to get a good attorney - she must get back to joint custody at the least and has a good shot at full custody.

Thanks for all your responses, guys. I really appreciate it...™

Edit: BTW, the divorce decree & custody agreement were done in Wyoming...

So Lawdog I would guess she needs to file a contempt action since she has full custody (6-month split FYI), but has been barred from seeing her children, correct?™

[Jared]

So Lawdog I would guess she needs to file a contempt action since she has full custody (6-month split FYI), but has been barred from seeing her children, correct?™

Well, the leagl name may diffe, but yes, my layman's undersatnd of the law is that if the court order is not being followed, then it may be considered contempt. That is up to the judge to decide.

She definitely needs to get a lawyer and then have the lawyer talk to the familiy court of the district or county that either the order was originally issued in or the area in which the kids and father currently reside. Her attorney will know more about that. She should get a lawyer licensed to practice in Wyoming, or else her attorney can find someone for her, but then she has two attorneys to pay.

[JWinn]

She should look for a lawfirm with offices in both states. Most large firms in Denver should have associates in Cheyenne.

[LawDog]

Thanks for all your responses, guys. I really appreciate it...™

Edit: BTW, the divorce decree & custody agreement were done in Wyoming...

So Lawdog I would guess she needs to file a contempt action since she has full custody (6-month split FYI), but has been barred from seeing her children, correct?™

She needs to get a Wyoming attorney that specializes in family law - there is just no getting around that.

Not knowing Wyoming law - the fact that she left the state may have some impact on the father's duties regarding the custody agreement, that is one of the reasons she needs a Wyo attorney.

Good luck to her - family law is a depressing field of practice.

[JakesGirl]

I work for a law firm in Las Vegas and to my knowledge, the state of Wyoming would have jurisdiction over this. Your friend should look in Martindale-Hubbel for a Wyoming lawyer. Also, you can go on the state bar site and get referrals for attorneys.

[urinal_cake]

I work for a law firm in Las Vegas and to my knowledge, the state of Wyoming would have jurisdiction over this. Your friend should look in Martindale-Hubbel for a Wyoming lawyer. Also, you can go on the state bar site and get referrals for attorneys.

Thanks, Lawdog.

Thanks for the referral, JakesGirl... I think I'll check them out...™