Grandparent Visitation Petition - Wyoming

PETITION FOR GRANDPARENT VISITATION

(Wyoming — Wyo. Stat. Ann. § 20-7-101)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Person Having Custody / Parent(s)

1.3 The Minor Child / Grandchild

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this original action under Wyo. Stat. Ann. § 20-7-101(a), which authorizes a grandparent to bring an original action against any person having custody of the grandparent's minor grandchild to establish reasonable visitation rights.

2.2 UCCJEA initial jurisdiction. Wyoming has jurisdiction to make an initial child-custody determination under Wyo. Stat. Ann. § 20-5-301 because:

☐ Wyoming is the child's home state — the child has lived in Wyoming with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Wyoming was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Another basis in § 20-5-301(a)(ii)-(iv), identified with supporting facts and any other state's order declining jurisdiction: [____________]

2.3 Venue and filing court. The grounded Wyoming venue and filing basis for [COUNTY] County is: [statute, rule, existing-case order, or written clerk instruction: ________________________________]. Supporting facts: [____________________________________________________________]

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STATUTORY ACTION AND THRESHOLD FACTS — § 20-7-101(a), (c)

3.1 Petitioner is a grandparent or great-grandparent of the minor child and brings this original action against the person or persons having custody of the child under Wyo. Stat. Ann. § 20-7-101(a).

3.2 Adoption screen — § 20-7-101(c).

☐ The minor child has not been adopted.

☐ The minor child has been adopted, and at least one adopting parent is related by blood to the child. Supporting facts: [____________________________________________________________]

☐ The minor child has been adopted, neither adopting parent is related by blood to the child, and current § 20-7-101(c) bars this action. Do not file this petition.

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had the following relationship with the minor grandchild:

[____________________________________________________________]

4.2 Parent's actual visitation decision. Identify precisely what contact the parent permits, limits, conditions, or denies, including dates, proposed alternatives, and whether contact ended entirely:

[____________________________________________________________]

4.3 Clear-and-convincing threshold — unfitness OR harm from the parent's decision. Petitioner alleges the following admissible facts and evidence establish at least one threshold ground:

☐ The parent is unfit to make visitation decisions because: [____________________________________________________________]

☐ The parent's identified visitation decision is or will be harmful to the child because: [____________________________________________________________]

Witnesses, records, expert evidence if admissible and appropriate, and other proof: [____________________________________________________________]

4.4 No substantial impairment after the threshold. If the threshold is proved, the requested order would not substantially impair the rights of the child's parents because:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Fundamental parental rights; strict scrutiny. Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that Wyoming applies strict scrutiny to § 20-7-101. Ailport v. Ailport, 2022 WY 43; Bowman v. Study, 2022 WY 139.

5.2 Special weight to a fit parent's decision (Troxel). A fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.3 Constitutional threshold before the statutory findings. Petitioner must first prove by clear and convincing evidence that the parent is unfit OR that the parent's visitation decision is or will be harmful to the child. Only after that showing may the Court consider the statutory findings. Ailport, 2022 WY 43, ¶ 43; Bowman, 2022 WY 139, ¶ 13; Galvan, 2025 WY 65, ¶¶ 13-19.

5.4 Statutory findings — § 20-7-101(a). If Petitioner proves the constitutional threshold, the statute requires findings that visitation would be in the child's best interest and that the rights of the child's parents are not substantially impaired.

VI. THRESHOLD PROOF, THEN BEST INTEREST AND NO SUBSTANTIAL IMPAIRMENT

6.1 Threshold evidence. Petitioner identifies the following evidence of parental unfitness or harm caused by the parent's actual visitation decision:

6.2 Statutory findings if the threshold is met. Petitioner alleges:

☐ The strength, nature, and benefit to the child of the existing relationship between the child and Petitioner: [____________]

☐ The role Petitioner has played in the child's life, including any period of residence or caregiving: [____________]

☐ The parent's reasons for the visitation decision and the evidence bearing on those reasons: [____________]

☐ The effect of the requested visitation on the child and on the parents' ability to raise the child as they see fit (no substantial impairment): [____________]

☐ Any history of abuse, neglect, or conduct by Petitioner harmful to the child: [____________]

☐ The child's reasonable preference, if of sufficient age and maturity: [____________]

☐ Any other factor relevant to the child's best interest: [____________]

6.3 Supporting facts:

[____________________________________________________________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Monthly: [____________] ☐ Quarterly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner is a grandparent authorized to bring an original action under Wyo. Stat. Ann. § 20-7-101(a), and that § 20-7-101(c) does not bar the action;

B. Hold a hearing under Wyo. Stat. Ann. § 20-7-101(a);

C. Find by clear and convincing evidence that the parent is unfit to make visitation decisions or that the parent's identified visitation decision is or will be harmful to the child;

D. Only after making that threshold finding, find that reasonable visitation is in the child's best interest and does not substantially impair the rights of the child's parents;

E. Enter an order awarding Petitioner reasonable visitation pursuant to the schedule in Section VII, or a narrower schedule supported by the evidence;

F. Allocate any guardian-ad-litem fees and expenses to Petitioner as § 20-7-101(a) requires; and

G. Grant such other relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF WYOMING )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Wyo. State Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. SUMMONS AND RESPONSE INFORMATION — TRANSCRIBE THE COURT-ISSUED DOCUMENT

Do not use this section as a substitute for a clerk-issued summons. Attach the current summons accepted by the filing court and transcribe its exact response deadline and instructions below only after issuance:

XII. CERTIFICATE OF SERVICE

Do not sign until service of the court-issued summons, this Petition, and the sworn § 20-5-309 information has been completed under the court's then-current rules and proof of service is accurate.

I certify that on [__/__/____], [SERVER NAME], who was authorized and not disqualified under the then-current service rules, served [RESPONDENT] with the court-issued summons, this Petition, and the sworn § 20-5-309 information by the following authorized method: [____________________________________________________________].

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Wyo. Stat. Ann. § 20-7-101 — current grandparent-visitation framework: original action against the person having custody under subsection (a); required best-interest and no-substantial-impairment findings; grandparent responsibility for appointed guardian-ad-litem fees; adoption limitation in subsection (c). Former paragraphs (a)(i)-(iii) and subsection (b) are repealed.
• Wyo. Stat. Ann. §§ 20-5-202(a)(vii), 20-5-301, and 20-5-309 — UCCJEA home-state definition, exclusive initial-jurisdiction bases, and sworn first-pleading or affidavit information.
• Ailport v. Ailport, 2022 WY 43, 507 P.3d 427 — strict scrutiny requires clear-and-convincing proof that the parent is unfit or that the parent's visitation decision is or will be harmful before best interests may be considered.
• Bowman v. Study, 2022 WY 139, 519 P.3d 985 — reversed an order entered without the required threshold proof and parental-decision presumption.
• Galvan v. Malone, 2025 WY 65 — a parent's death does not alone establish harm; the evidence must show that the parent's actual visitation decision harms the child.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.

This Petition is a preparation aid only. Current Wyo. Stat. Ann. § 20-7-101(a) authorizes an original grandparent-visitation action without the repealed death/divorce and prior-residence gates, while subsection (c) limits actions after specified adoptions. Ailport, Bowman, and Galvan require clear-and-convincing proof that a parent is unfit or that the parent's actual visitation decision is or will be harmful before the court may reach best interests and no substantial impairment. Consult a licensed Wyoming family law attorney before filing.