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Anyone been in this situation?

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What is the name of your state (only U.S. law)? Wyoming

I am wondering if anyone has been through this and had a good outcome. My ex-husband was awarded primary physical custody of our four year old son four months ago. Both of us have legal custody. Neither of us had legal representation in the courtroom and neither of us had much of any idea as to what to do.

The judge awarded my ex custody based on "scant evidence", a letter from our daycare provider, indicating that (in the ten minutes or so) she saw both of us, my ex seemed to be a better parent. I never saw this letter prior to it being presented in court. I objected that it be admitted into evidence, but the judge took it anyway. My ex also stated that he had just bought a house, started his own business which was doing very well and planned to stay in Wyoming forever as it was such a wonderful place to raise a child. Lies!

Three weeks ago, I got a letter from my ex stating he was moving to Illinois with our little boy. I got the letter in the mail only a week before he actually moved. The house he told the judge he "bought" here turned out to be a rental. His business, obviously, wasn't doing well as he told the judge as he stated in his letter to me "due to economic and financial reasons", I have to relocate. And, "staying in Wyoming" forever was also a crock.

Our little boy had just began to adjust to only seeing me every other weekend. I don't think I ever adjusted to that. I had been a stay-at-home mom since his birth and have always been very attached to my son.

Now, all I have are phone conversations with him where he gets very upset when I tell him I can no longer pick him because his father took him a long way away. At four, he has absolutely NO concept of distance and it breaks my heart into a zillion little pieces hearing him beg me to pick him up and how much he misses me.

I now know that the address (in Illinois) my ex gave me prior to his move is NOT where he is living with my son. It is his Father's address. So, I have no idea where my son actually is. I only have a cell# for my ex which is still a WY#.

I also began to record telephone conversations when I found out he was moving (completely legal in WY). I have one where my little boy is telling me his Father lets him smoke cigarettes with him! Of course, I nearly dropped dead on the spot when I heard that!

His Father refuses to tell me where he is employed and is required to do so by the courts. I have no earthly idea where my little boy is or how he is being cared for. His Father has already missed my Mother's Day visitation with my son and plans on missing Memorial Day too. I am supposed to have him eight weeks this summer, but his Dad tells me only "if he can afford it".

The past two weeks my son has sounded extremely sick on the phone (coughing, wheezing, etc.) and tells me his Dad can't afford to take him to the doctor and can I take him? Bloody hell! How CAN I take him when he's 1100 miles away???? I am sick with worry.

I have taken measures of action on my part, but am totally clueless about modifying our custody order. I don't want this manipulative ******* to win again! He has always lied to get his way and it's the only way he knows to conduct himself. The sad thing is, it's always worked for him.

My new husband keeps telling me to wait until we have all our ducks in a row, but just how many ducks are there? I worry about this constantly and need to know what some of you would do if you were in my position.

Thanks for any and all help!
 


TinkerBelleLuvr

Senior Member
How long ago did they move?

You need to file IMMEDIATELY to have the child returned to Wyoming until it can be determine what happens. A long-distance move IS a change of circumstances.
 

Silverplum

Senior Member
https://forum.freeadvice.com/child-custody-visitation-37/terminating-fathers-rights-465968.html

BTW -- it's NOT legal to record a CHILD.

What is the name of your state (only U.S. law)? Wyoming

I am wondering if anyone has been through this and had a good outcome. My ex-husband was awarded primary physical custody of our four year old son four months ago. Both of us have legal custody. Neither of us had legal representation in the courtroom and neither of us had much of any idea as to what to do.

The judge awarded my ex custody based on "scant evidence", a letter from our daycare provider, indicating that (in the ten minutes or so) she saw both of us, my ex seemed to be a better parent. I never saw this letter prior to it being presented in court. I objected that it be admitted into evidence, but the judge took it anyway. My ex also stated that he had just bought a house, started his own business which was doing very well and planned to stay in Wyoming forever as it was such a wonderful place to raise a child. Lies!

Three weeks ago, I got a letter from my ex stating he was moving to Illinois with our little boy. I got the letter in the mail only a week before he actually moved. The house he told the judge he "bought" here turned out to be a rental. His business, obviously, wasn't doing well as he told the judge as he stated in his letter to me "due to economic and financial reasons", I have to relocate. And, "staying in Wyoming" forever was also a crock.

Our little boy had just began to adjust to only seeing me every other weekend. I don't think I ever adjusted to that. I had been a stay-at-home mom since his birth and have always been very attached to my son.

Now, all I have are phone conversations with him where he gets very upset when I tell him I can no longer pick him because his father took him a long way away. At four, he has absolutely NO concept of distance and it breaks my heart into a zillion little pieces hearing him beg me to pick him up and how much he misses me.

I now know that the address (in Illinois) my ex gave me prior to his move is NOT where he is living with my son. It is his Father's address. So, I have no idea where my son actually is. I only have a cell# for my ex which is still a WY#.

I also began to record telephone conversations when I found out he was moving (completely legal in WY). I have one where my little boy is telling me his Father lets him smoke cigarettes with him! Of course, I nearly dropped dead on the spot when I heard that!

His Father refuses to tell me where he is employed and is required to do so by the courts. I have no earthly idea where my little boy is or how he is being cared for. His Father has already missed my Mother's Day visitation with my son and plans on missing Memorial Day too. I am supposed to have him eight weeks this summer, but his Dad tells me only "if he can afford it".

The past two weeks my son has sounded extremely sick on the phone (coughing, wheezing, etc.) and tells me his Dad can't afford to take him to the doctor and can I take him? Bloody hell! How CAN I take him when he's 1100 miles away???? I am sick with worry.

I have taken measures of action on my part, but am totally clueless about modifying our custody order. I don't want this manipulative ******* to win again! He has always lied to get his way and it's the only way he knows to conduct himself. The sad thing is, it's always worked for him.

My new husband keeps telling me to wait until we have all our ducks in a row, but just how many ducks are there? I worry about this constantly and need to know what some of you would do if you were in my position.

Thanks for any and all help!
 
I can't file a motion like that

Unfortunately, in Wyoming it's completely legal to leave the state with a child/children if you have primary physical custody. The custodial parent only has to provide an address where the child will be within fifteen days of the relocation. The move alone is not considered a material change of circumstance.

To the poster that said it is not legal to record a child. I contacted Child Protective Services in Illinoisthe very night my little boy said his Dad was letting him smoke with him all the time. My caseworker said to hang on to that particular recording as they might need it later. Certainly if it were illegal, he wouldn't have said that.

I'm just a scared Mother trying to get advice as to how to proceed from here. I'm at the point of no return and the last thing I need is someone chastising me. I need to know my child is safe, loved and cared for and right now I don't know that. I think any Mother out there will understand.
 

Isis1

Senior Member
Dad moved three weeks ago**************.not very long, but enough time to totally turn my son's and my life upside down.
i'm going to check, but yes, it is legal, but you can also contest the move.

i'm almost sure (you'd have to give us the exact wording of the court order) that it would not be legal if dad did NOT follow the guidelines to an exact "t".
 

wileybunch

Senior Member
Unfortunately, in Wyoming it's completely legal to leave the state with a child/children if you have primary physical custody. The custodial parent only has to provide an address where the child will be within fifteen days of the relocation. The move alone is not considered a material change of circumstance.
I'm really at a loss why you would say this. You just got done saying how the circumstances taken into consideration when Dad was given custody were based on lies and the proof of many of them is that Dad has in fact moved and yet you are shooting down the advice to get on this RIGHT NOW and file a motion? OK, well, I'll just repeat what you've been told. Go to court and file for primary custody citing this change of circumstances and your proof that Dad lied in the recent custody hearing and to have child returned to the state immediately. Offer Dad standard long-distance visitation with Dad paying for transportation since he's the one that moved away. Do it like yesterday.
 
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I went to a lawyer right after I found out Dad had left the state and was told there was NOTHING I could do about it. I totally agree that immediate action is in order, but what can I do if a lawyer is telling me there's nothing I CAN do?

The lawyer said a move out of the state is NOT considered a material change of circumstance and that I would have to have proof of my allegations in order for the judge to hear my case again. Wyoming is VERY bizarre when it comes to the law. I've read that the bulk of the states in the US allow the non-custodial parent to contest a move out of state and bring them back here, but not THIS state.

I had liberal visitation with my child when his dad was here (in Wyoming) as the court order states: "Mother is to have the child every other weekend, spring break, last half of Christmas vacation in odd numbered years and first half in even, Thanksgiving Day in odd numbered years, Mother's Day every year, Memorial Day in odd numbered years and Labor Day in even and two months in the summer commencing two weeks after child begins summer break (even if the child is not school age)." But now my ex is taking the matter into his own hands and "picking and choosing" when it's CONVENIENT for him to send my son to me. He even said to me "it's not in our son's best interest to travel so far as it's hard on him". PLEASE!

It also states: "If either parent moves more than 100 miles away, weekend visitations will end, but all others will apply. Moving parent must pay all transportation costs and notify remaining parent and court of address change and place of employment".

I hope this helps and thanks to everyone for your help!
 

Isis1

Senior Member
i am almost positive that attorney is WRONG. please go talk to another attorney.

i'm researching right now.
 

Isis1

Senior Member
i did find this....

Relocation by custodial parent. — An intrastate relocation by a custodial parent, taking children along, cannot by itself be considered a change in circumstances sufficiently substantial and material to justify reopening the question of custody. Watt v. Watt, 971 P.2d 608, 1999 Wyo. LEXIS 6 (Wyo. 1999).

but you said dad was OUT of state. you need to prove dad moved out of state.
 

wileybunch

Senior Member
But now my ex is taking the matter into his own hands and "picking and choosing" when it's CONVENIENT for him to send my son to me. He even said to me "it's not in our son's best interest to travel so far as it's hard on him". PLEASE!

It also states: "If either parent moves more than 100 miles away, weekend visitations will end, but all others will apply. Moving parent must pay all transportation costs and notify remaining parent and court of address change and place of employment"
Another change in circumstance.
 
Isabella, thank you so much for taking the time to investigate this. You are truly an angel!
Would it be possible to send me a link to the "Watt vs. Watt" case? Can you tell me what the difference between Intrastate vs. Interstate is? I am so confused about all of this. I'm a newbie to all of this so, please forgive my ignorance. I just want to educate myself and help my baby.
 

Isis1

Senior Member
Isabella, thank you so much for taking the time to investigate this. You are truly an angel!
Would it be possible to send me a link to the "Watt vs. Watt" case? Can you tell me what the difference between Intrastate vs. Interstate is? I am so confused about all of this. I'm a newbie to all of this so, please forgive my ignorance. I just want to educate myself and help my baby.
i googled Watt v Watt, several posts came up.

but i'm thinking maybe your attorney may have not been fully informed. i didn't see anything in the listing about interstate not being a change of circumstance.

i'm on my way out run an errand...when i come back, i'll look some more unless someone beats me to it. :p
 

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