Bill No.: SF0138                  Drafter:  IDS

 

LSO No.:  11LSO-0541              Effective Date:  3/2/2011

 

Enrolled Act No.:  SEA0061

 

Chapter No.:       CH0131

 

Prime Sponsor:     Senator Perkins

 

Catch Title:       Child custody orders-abandonment.

 

Subject:  Child custody – abandonment.

 

Summary/Major Elements:

 

       This act is intended to respond to the Wyoming Supreme Court's decision in In the Interest of ANO: SLB, 2006 WY 74; 136 P3d 797 (Wyo. 2006).  In that case, the Supreme Court held that custody orders assigning custody to one parent preclude a finding of abandonment by the non-custodial parent.  The holding was relevant under W.S. 14-2-309 which allows parental-child relationships to be terminated where a child has been left in the care of another person for a period of at least one year. 

       This act adds language to W.S. 14-2-309 stating that, "a court order of custody shall not preclude a finding that a child has been left in the care of another person."