Full question:
I live in Wyoming. My 8-year-old daughter’s custody is with her father. In my last visit, I came to know that her paternal grandmother treats her cruelly and compels her to lift heavy items from the garage. This makes her physically weak and I am scared that this may cause some major health issues to her. So, I would like to take an immediate physical custody of my daughter. What is the remedy available for me in this regard?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Wyoming
Answer:
In Wyoming, the petitioner can file a verified application for the issuance of a warrant to take physical custody of the child, if the child is immediately likely to suffer serious physical harm or be removed from this state. If the court finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The statutory remedy regarding this has been provided in Wyo. Stat. § 20-5-411, which reads as follows:“ (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 likely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition shall be heard on the next judicial day after the warrant is executed unless that date is impossible. In the event that the next judicial day after service of the order is impossible, the court shall hold the hearing on the first judicial day possible. The application for the warrant shall include the statements required by W.S. 20-5-408(b).
(c) A warrant to take physical custody of a child shall
(i) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(ii) Direct law enforcement officers to take physical custody of the child immediately; and
(iii) Provide for the placement of the child pending final relief.
(d) The respondent shall be served with the petition, warrant and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
