Can their dad keep them from me

[Proserpina]

Listing the children as part of the petition doesn't mean the issues of child support and visitation will be dealt with as part of the actual decree.

(I can never understand why parents don't think of actually sorting it all out in one foul swoop)

There's a fair chance, I think, that there's been no fraud committed here.

(from a gal with something of an experience with a similar case, personally...)

 

[CdwJava]

I doubt there is fraud, but I am curious as to whether a real marriage or divorce occurred. Frequently I have found that people claim to be married when they are not. I can't tell you the number of people I know who have claimed to be wed and really were not.

 

[Proserpina]

I doubt there is fraud, but I am curious as to whether a real marriage or divorce occurred. Frequently I have found that people claim to be married when they are not. I can't tell you the number of people I know who have claimed to be wed and really were not.

No kidding!

OP needs to clarify

 

[CdwJava]

I recall two couples that had a name barometer of sorts. When they were having a spat with their significant other, they went back to their "maiden" name. When all was well, they referred to themselves using their mate's last name. So, we knew the status of the relationship simply by asking the woman her last name.

 

[sduran]

I filled for divorce in Wy where I was living an the judge told me that she could not do any thing with custody because he took the chrilden to Colorado so there for she did not have jurasticion over them anymore But the maridge was real along with the divorce my problem here is My Chrilden do not live with their Dad but his mother I have tried to go pick them up but was told I have no prential rights because custody has not been decided by a judge. I would accept this answer if my chrilden lived with there dad but they do not

 

[CdwJava]

Okay, so the children are residents of Colorado?

Then you may have to file for custody there.

You might also consider showing up at mom's house with the police and asking for your children with their help. They might not be able to compel her to turn them over, and if dad claims to live there or something, then it might be a push.

 

[Proserpina]

I filled for divorce in Wy where I was living an the judge told me that she could not do any thing with custody because he took the chrilden to Colorado so there for she did not have jurasticion over them anymore But the maridge was real along with the divorce my problem here is My Chrilden do not live with their Dad but his mother I have tried to go pick them up but was told I have no prential rights because custody has not been decided by a judge. I would accept this answer if my chrilden lived with there dad but they do not

okay, WHEN did Dad get the kids?

 

[army judge]

I filled for divorce in Wy where I was living an the judge told me that she could not do any thing with custody because he took the chrilden to Colorado so there for she did not have jurasticion over them anymore But the maridge was real along with the divorce my problem here is My Chrilden do not live with their Dad but his mother I have tried to go pick them up but was told I have no prential rights because custody has not been decided by a judge. I would accept this answer if my chrilden lived with there dad but they do not

You say "I filed for divorce in Wyoming", but was the divorce actually granted?

Do you have a divorce decree?

What does that decree say?

When did you get the decree?

Or, was the divorce action withdrawn because your "hubby" had absconded?

 

[sduran]

The divorce decree says nothing about the kids I am using this site as a last resort I have tried everything My Kids have been gone 6 weeks now an I want them Home I have filled for custody in colorado.

 

[army judge]

The divorce decree says nothing about the kids I am using this site as a last resort I have tried everything My Kids have been gone 6 weeks now an I want them Home I have filled for custody in colorado.

If the children were not mentioned in the divorce proceedings, that could be construed as fraud.

If that were the case, you might not be legally divorced.

I'll research that angle and get back to you with a legal opinion.

If you're not divorced, that changes everything in this equation.

One more question: When did you file for the divorce? When was it granted? In what county did that occur? What grounds was the divorce granted under?

 

[Proserpina]

I just want to reiterate that it's possible to have listed the children in the divorce petition, but not have child support and/or custody/visitation addressed in the final divorce decree.

 

[army judge]

Wyoming Divorce Law does not allow the issue of children and custody to be ignored.

If this wasn't addressed in the divorce decree, it was a material fact that was concealed from the court.

This could impact the validity and legality of the final divorce decree.

Child Custody: When minor children are involved in a divorce, the Wyoming courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

In determining a custody arrangement that is in the best interests of the child, the court shall consider, but is not limited to, the following factors: (i) The quality of the relationship each child has with each parent; (ii) The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed; (iii) The relative competency and fitness of each parent; (iv) Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times; (v) How the parents and each child can best maintain and strengthen a relationship with each other; (vi) How the parents and each child interact and communicate with each other and how such interaction and communication may be improved; (vii) The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent's rights and responsibilities, including the right to privacy; (viii) Geographic distance between the parents' residences; (ix) The current physical and mental ability of each parent to care for each child; (x) Any other factors the court deems necessary and relevant. (Wyoming Statutes - Title 20 - Chapters: 20-2-104, 20-2-107 and 20-2-201)

http://www.divorcesource.com/info/divorcelaws/wyoming.shtml

 

[Proserpina]

Please share the statute that REQUIRES that child support and custody MUST be addressed in the divorce decree.

Hint:

There isn't one.

It is ALWAYS at the court's discretion.

 

[army judge]

Please share the statute that REQUIRES that child support and custody MUST be addressed in the divorce decree.

Hint:

There isn't one.

It is ALWAYS at the court's discretion.

I'm not talking about custody, per se.
I understand the law completely.
You must disclose whether you have children.
By failing to disclose that you have children in order to obtain a QUICKER divorce, therein lies THIS problem.
Prosperina, none of this mess affects my life.
I only attempt to understand the motivations that drive people to make decisions that blowback on them later.
Human foibles and flaws on display for all to observe.

 

[Proserpina]

I'm not talking about custody, per se.
I understand the law completely.
You must disclose whether you have children.
By failing to disclose that you have children in order to obtain a QUICKER divorce, therein lies THIS problem.
Prosperina, none of this mess affects my life.
I only attempt to understand the motivations that drive people to make decisions that blowback on them later.
Human foibles and flaws on display for all to observe.

(Oh AJ, it doesn't affect my life one bit either! But please, it's Proserpina - not Prosperina. I'm actually Goddess Of The Underworld...as opposed to Goddess of Getting Mo' Money )

(I know, it's a silly thing...)

 

[army judge]

(Oh AJ, it doesn't affect my life one bit either! But please, it's Proserpina - not Prosperina. I'm actually Goddess Of The Underworld...as opposed to Goddess of Getting Mo' Money )

(I know, it's a silly thing...)

Oh, my unholy badness!

I've been writing "Prosperina" all this time.

I profusely and humbly apologize, Proserpina! :yes:

It does make a difference. :yes:

 

[Proserpina]

Oh, my unholy badness!

I've been writing "Prosperina" all this time.

I profusely and humbly apologize, Proserpina! :yes:

It does make a difference. :yes:

Apology gracefully accepted and...fear not. I shall think of an appropriate punishment for when we eventually meet for coffee