Title 20 — Title 20 — Domestic Relations

Repealed By Laws 2005, ch. 11, § 3.

Short title. This act may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

(a) Definitions. As used in this act: (i) "Abandoned" means left without provision for reasonable and necessary care or supervision; (ii) "Child" means an individual who has not attained eighteen (18) years of age; (iii) "Child custody determination" means a judgment, decree or o…

Proceedings governed by other law. This act shall not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

Application to tribes. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall not be subject to this act to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state…

International application. (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying articles 2 and 3 of this act. (b) Except as otherwise provided in subsection (c) of this section, a child custody determinatio…

Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction under this act shall bind all persons who have been served in accordance with the laws of this state or notified in accordance with W.S. 20-5-208 or who have s…

Priority. If a question of existence or exercise of jurisdiction under this act is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.

Notice to persons outside of state. (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice shall b…

Appearance and limited immunity. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, shall not be subject to personal jurisdiction in this state for ano…

Communication between courts. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communi…

Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means all…

record. Cooperation between courts; preservation of (a) A court of this state may request the appropriate court of another state to: (i) Hold an evidentiary hearing; (ii) Order a person to produce or give evidence pursuant to procedures of that state; (iii) Order that an evaluati…

Initial child custody jurisdiction. (a) Except as otherwise provided in W.S. 20-5-304, a court of this state has jurisdiction to make an initial child custody determination only if: (i) This state is the home state of the child on the date of the commencement of the proceeding, o…

Exclusive, continuing jurisdiction. (a) Except as provided in W.S. 20-5-304, a court of this state which has made a child custody determination consistent with W.S. 20-5-301 or 20-5-303 has exclusive, continuing jurisdiction over the determination until: (i) A court of this state…

Jurisdiction to modify determination. (a) Except as provided in W.S. 20-5-304, a court of this state may not modify a child custody determination made by a court of another state unless the court of this state has jurisdiction to make an initial determination under W.S. 20-5-301(…

Temporary emergency jurisdiction. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, the child's sibling or a parent of th…

Notice; opportunity to be heard; joinder. (a) Before a child custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of W.S. 20-5-208 shall be given to all persons entitled to notice under the law of this state as in ch…

Simultaneous proceedings. (a) Except as otherwise provided in W.S. 20-5-304, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a …

Inconvenient forum. (a) A court of this state which has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another sta…

Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in W.S. 20-5-304 or by other law of this state, if a court of this state has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the cour…

Information to be submitted to the court. (a) Subject to a confidentiality order entered pursuant to W.S. 35-21-112 or any other court order allowing a party to maintain confidentiality of addresses or other identifying information or other law providing for the confidentiality o…

Appearance of parties and child. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has phy…

(a) Definitions. As used in this article: (i) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination; (ii) "Respondent" me…

Enforcement under the Hague Convention. Under this article, a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.

Duty to enforce. (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this act or the determination was made under factual circumstances meeting th…

Temporary visitation. (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (i) A visitation schedule made by a court of another state; or (ii) The visitation provisions of a child custody determi…

Registration of child custody determination. (a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state: (i) registration; A letter…

Enforcement of registered determination. (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but …

Simultaneous proceedings. If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under a…

determination. Expedited enforcement of child custody (a) A petition under this article in which the petitioner is seeking expedited enforcement shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to t…

Service of petition and order. Except as provided in W.S. 20-5-411, the petition and order shall be served by any method authorized by the law of this state upon the respondent and any person who has physical custody of the child.

Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to W.S. 20-5-304, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the chil…

Warrant to take physical custody of a child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately like…

Costs, fees and expenses. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expense…

Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this act which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by…

Appeals. An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under W.S. 20-5-304, the enforcing court may not stay an order enforci…

official. Role of prosecutor or other appropriate public (a) In a case arising under this act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort …

Role of law enforcement. At the request of a prosecutor or other appropriate public official acting under W.S. 20-5-415, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or other appropriate public offi…

Costs and expenses. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under W.S. 20-5-415 or 20-5-416.

Application and construction. In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Transitional provision. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this act is governed by the law in effect at the time the motion or other request was made.

Short title. This act may be cited as the "Child Support Enforcement Act".

(a) Definitions. As used in this act: (i) "Noncustodial parent" means the parent who was not awarded primary physical custody of the child by the court; (ii) "Department" means the department of family services; (iii) "Division" means the designated body to administer Title IV-D …

Child support enforcement program; administration by child support enforcement section. (a) The department shall establish a program of child support enforcement services in cooperation with the federal government pursuant to Title IV-D and other applicable federal regulations, t…

Child support enforcement services generally. (a) The services in intrastate and interstate situations provided under the child support enforcement program subject to or by appropriate orders of the court shall include: (i) The establishment, enforcement and modification of an ob…

(a) Eligibility for services; fees for services. Child support enforcement services shall be provided to: (i) Those recipients of aid under the personal opportunities with employment responsibilities (POWER) program who, as a condition of eligibility under federal law, are requir…

Powers and duties of department regarding collection of support. (a) By signing an application for, or being a recipient of, aid under the personal opportunities with employment responsibilities (POWER) program, a support obligee assigns to the department, by operation of law, al…

department. Payment of support money collected to (a) Except as provided in subsection (b) of this section the obligor shall make all support payments to the department upon receipt of written notice that the children for whom the support obligation exists are receiving public as…

State parent locator service. (a) The department shall act as a state parent locator service to assist in: (i) The location of parents who have abandoned their children or failed to provide for their support; (ii) The location of persons, upon the request of law enforcement agenc…