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Cheyenne Family Law Blog

Parents could give up child custody temporarily under a new law

Parents who are facing crisis situations in their lives could give up custody of their children temporarily through private organizations. Under a new Senate bill enacted recently, parents can transfer child custody for up to one year without repercussions. Under this program, the number of children entering foster care in Wyoming and other states has dropped significantly.

There are parents in need drug rehabilitation as well as those who have recently lost their jobs. Some are homeless and do not have the means to care for their kids. In most cases, these parents are not abusing or neglecting their children, they have just run out of resources and need additional help. Parents can transfer the custody of their child temporarily until they gain stability in their lives.

Does my ex-spouse get part of my inheritance?

As the potential for your marriage to end increases, you may be trying to gather your resources and make some preparations for what is sure to be a confusing and emotional time. There are many uncertainties, and you want to be sure you are not caught unprepared and unsure of your rights. In addition to child custody issues, you want to be sure you receive a fair share of your joint assets so that you will be able to establish yourself securely after the divorce.

Wyoming is one of the equitable distribution states, so a family court judge will consider several factors as he or she divides your property between you and your spouse. This is not necessarily an equal split, and a judge will exercise some discretion in making a decision. However, you may be wondering if that division of assets includes your inheritance?

Miguel Cabrera to pay $12,000 a month child support to mistress

A professional baseball player has been ordered to pay more than $12,000 a month in child support to his ex-mistress. This amount is a far cry from the $100,000 a month she originally requested. The first baseman has also been court-ordered to finance the children's schooling, health insurance and extra-curricular activities. In Wyoming and other states, child support is often determined by financial disclosure documents.

A lawsuit revealed the baseball superstar's affair that produced two children, a son now 5 and a daughter 2. After the second child was born, the woman became increasingly agitated because Cabrera refused to leave his wife. The woman repeatedly threatened to expose their relationship and file a paternity suit. He claims the more money he gave her, the greater her demands became.

Custody of the pet a growing concern in divorce proceedings

When couples decide to end their marriage, it usually means making decisions about who gets the house, separating bank accounts and child custody arrangements. Some also have to decide what to do with the family pet. A growing trend to pass laws that would allow pets to be treated like children during a divorce. In Wyoming and most other states, while battles may rage over who gets to keep the family dog, pet custody is not formally recognized.

Recent surveys show a marked increase in 'custody' cases involving family pets. However, most states still refer to them as personal property, and they are often dealt with the same way as furniture, artwork or housewares. If the pet was a gift or if one spouse brought the pet into the marriage, it would not likely be considered marital property subject to division.

Military divorce rate holding steady for four years running

The divorce rate among military personnel has been holding steady for the fourth year in a row. Statistics show that the rate continues to hover between 3 and 3.1 percent. Military divorce rate numbers are compiled by calculating the number of enlisted troops who are married in the personnel system at the beginning of the year and comparing it with the number of military divorces over the year. In Wyoming and other states, military marriages have seen a steady decline in recent years.

Despite these findings, the divorce rate among women in the military continues to be much higher than men. Studies revealed that female Marines showed a steady increase in divorce rates since 2012. It is unclear why the rates are higher than those for men, but it could be a sign that policies regarding Marine families are not geared toward married women.

After a divorce, who claims the kids?

Children can play a major role as dependents when filing taxes. Claiming children on income taxes is normally cut and dry, but sometimes, another person will claim those same dependents. This problem most commonly surfaces after a divorce when both parties want to claim the children for tax purposes. In Wyoming and other states, taxes can be complex, and it may be in one's best interest to contact a qualified tax professional.

Claiming dependents can have a large impact on the bottom line. With dependents come the Head of Household status and numerous tax credits such as the Earned Income Tax Credit, the Child and Dependent Care Tax Credit and the Child Tax Credit. Qualifications for these coveted tax credits are affected by the dependents one can claim.

It's no contest: uncontested divorce faster, simpler for everyone

Wyoming readers know the process of ending a marriage can be challenging. Regardless of how much two parties get along and are willing to remain amicable, it is never easy to divide two intertwined lives and make important financial and custody decisions. Despite the fact that this process can be difficult, some couples may be able to avoid litigation and keep their divorce out of court.

When both parties agree on major divorce issues, uncontested divorce is an option. This means that there are no disputes remaining between the two parties, and nothing remains to do except to finalize the divorce order. This is generally easier and takes less time than a litigated divorce, but it is not necessarily the right choice in every situation.

In new age child custody, anything goes

Traditional custody arrangements are a thing of the past. Divorcing parents today are buying homes together, nesting together and doing everything to make their children happy. In Wyoming and other states, untraditional child custody arrangements may allow for stability and make it easier for both parents to be in their kid's lives as much as possible.

Gone are the times where dads get Wednesday night dinners and every other weekend with their kids and moms hold primary custody. Now, the emphasis is on what is best for the child, not what the family wants. Studies support this new age of parenting and find that preschoolers have fewer behavioral and psychological problems when in a joint custody situation.

Child custody: Parents must abstain from alcohol when parenting

In 1998, a former Wyoming Highway Patrol Supervisor's 5-year-old daughter was killed in a car accident. His former wife, the child's mother, was driving drunk when the accident occurred, causing the death of their daughter. The couple had recently divorced because of her persistent problems with alcohol. Sadly, the couple's child custody order specifically provided that, when in the presence of their daughter, neither parent could consume alcohol.

The father, devastated over the loss of his daughter, became an advocate for Mothers Against Drunk Driving and served two terms on Governor's Council on Impaired Driving. He continues to demand action against drunk drivers and has helped pass a bill that would modify state laws. The bill would require interlock devices that measure alcohol levels and prevent an offender's vehicle from starting when detected.

Sports injuries an issue in child custody case

Emerging science about concussion injuries is leading some parents to ask whether it is safe to let their children play the game. For divorced parents, a disagreement about the child's sport injuries can lead to child custody issues. A recent case, covered in the news, may be of interest to Wyoming families with questions about custody and extra-curricular activities. 

In the news story, the two parents wage a battle. The father has requested that the son not be permitted to play football, in light of the science and also due to the fact that the boy has had three separate concussions already. The mother argues that the boy is old enough to understand the risks and also that he has been cleared to play by physicians. She feels so strongly about the issue that she has sought sole legal custody in relation to extra-curricular activities.

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Cheyenne, WY 82001

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