§ 20-2-205 — Temporary military duty; definitions; modification of orders; visitation assignment; electronic evidence

Wyoming § 20-2-205

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 2: DISSOLUTION OF MARRIAGE
• Art. 2: CUSTODY AND VISITATION

Text

(a) When a service member who has custody or visitation of
a child receives temporary duty, deployment or mobilization
orders from the military which require the service member to
move a substantial distance from the service member's residence
or otherwise have a temporary but material effect on the service
member's ability to exercise custody or visitation
responsibilities:
(i) Any order establishing the terms of custody or
visitation in place at the time the service member receives the
temporary duty, deployment or mobilization orders may only be
temporarily modified so as to provide for the child's best
interests;
(ii) Any order modifying an existing custody or
visitation order that is determined necessary due to the
temporary duty, deployment or mobilization of a service member
shall specify that the service member's military service is the
basis for the order and shall further state that it is entered
by the court solely as a temporary order;
(iii) In issuing any temporary custody or visitation
order under this section, the court shall consider whether the
temporary order should automatically terminate;
(iv) For purposes of determining custody and
visitation after the return of a service member and upon motion
under W.S. 20-2-204, the temporary duty, mobilization or
deployment of the service member, and the resulting temporary
disruption to a child's schedule, shall be neutral factors in
determining a material change in circumstances and shall not,
alone, constitute a material change in circumstances warranting
a permanent modification of custody or visitation rights.
(b) If a service member with visitation rights receives
temporary duty, deployment or mobilization orders that require
the service member to move a substantial distance from the
service member's residence or otherwise have a material effect
on the service member's ability to exercise visitation rights,
the court may, upon motion of the service member, order that the
service member's visitation rights, or a portion thereof, may be
exercised by a family member with a close and substantial
relationship to the minor child for the duration of the service
member's absence, if the alternate visitation is in the child's
best interest.
(c) Upon motion of a service member who has received
temporary duty, deployment or mobilization orders, the court
shall, for good cause shown, expedite any pending hearing in
custody and visitation matters when the military duties of the
service member have a material effect on the service member's
ability, or anticipated ability, to appear in person at a
regularly scheduled hearing.
(d) Upon motion of a service member who has received
temporary duty, deployment or mobilization orders together with
reasonable advanced notice and proof that the service member's
military duties have a material effect on his ability to appear
in person, the court may allow the service member to present
testimony and evidence by electronic means in pending custody
and visitation matters. The phrase "electronic means" includes
communication by telephone, video teleconference or the
Internet.
(e) Nothing in this section shall alter the duty of the
court to consider the best interest of the child in deciding
custody or visitation matters.
(f) As used in this section:
(i) "Deployment" means federal service of the United
States under title 10, United States Code, in compliance with
military orders received by a service member to report for
combat operations, contingency operations, peacekeeping
operations, a temporary duty assignment or other federal service
for which the service member is required to report and to be
unaccompanied by family members. "Deployment" also shall
encompass any federal service that includes a period during
which a service member is listed by the United States department
of defense as missing in action, a prisoner of war or remains
subject to his deployment orders on account of security
sequestration, sickness, wounds, leave or other lawful cause.
The term shall not apply to any service member who is absent
without leave or considered a deserter from the armed forces;
(ii) "Mobilization" means the recall to active duty
of a retired service member or the call-up of a national guard
or reserve component service member to extended active duty
status pursuant to title 10 United States Code, sections 12301,
12302, 12303 and 12304. "Mobilization" does not include
national guard or reserve annual or weekend training;
(iii) "Return" means official release or termination
of temporary duty, deployment or mobilization orders or the
resumption of a service member's physical presence within the
state of Wyoming or state of permanent residence if other than
Wyoming. "Return" does not include presence during temporary
leave periods;
(iv) "Service member" means a member of the uniformed
services as defined in W.S. 8-1-102(a)(xxii);
(v) "Temporary duty" means the temporary transfer of
a service member from one (1) military installation to a
different location for a period of more than forty-five (45)
days but less than one hundred eighty (180) days in order to
accomplish training, assist in the performance of any military
mission or for medical treatment.