§ 14-3-414 — Service of process; order of custody

Wyoming § 14-3-414

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 4: CHILD PROTECTION ACT

Text

(a) In proceedings under this act, service of order to
appear or other process within the state shall be made by the
sheriff of the county where service is made, by his undersheriff
or deputy or by any law enforcement officer or responsible adult
not a party to the proceeding and appointed by the clerk.
(b) Within the state, service of order to appear is made
by personally delivering a copy of the order together with a
copy of the petition to the person ordered to appear, provided
that parents of a child may both be served by personally
delivering to either parent two (2) copies of the order and
petition, one (1) copy for each parent. A child under the age of
fourteen (14) years is served by delivering a copy of the order
together with a copy of the petition to the child's parents,
guardian, custodian or other adult having the actual physical
custody and control of the child or to a guardian ad litem or
attorney appointed for the child.
(c) If it appears to the court by affidavit that the
parents, guardian or custodian of the child cannot be found
within the state, the court may order personal service outside
the state or service by certified mail with return receipt
requested signed by addressee only. The state agency having
custody of the child shall also file an affidavit with the court
explaining the efforts made to locate the missing parent when
the address of the child's parents, guardian or custodian is
unknown and cannot with reasonable diligence be ascertained, and
the court shall appoint a guardian ad litem to represent the
child and to receive service of process.
(d) Service by certified mail is complete on the date the
clerk receives the return receipt signed by addressee. Personal
service either within or outside the state is complete on the
date when copies of the order to appear and petition are
delivered to the person to be served.
(e) When personal service of order to appear is made
within the state, service shall be completed not less than two
(2) days before the hearing and when made outside the state,
service shall be completed not less than five (5) days before
the hearing. However, notwithstanding any provision within this
act, the court may order that a child be taken into custody as
provided in W.S. 14-3-413 or that a child be held in shelter
care pending further proceedings as provided in W.S. 14-3-409,
even though service of order to appear on the parents, guardian
or custodian of the child is not complete at the time of making
the order.
(f) If the person's residence is unknown, service may be
had by constructive service or by publication as provided in the
Wyoming Rules of Civil Procedure.