Grandparent Visitation Petition

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 home state. Wyoming has jurisdiction to make a child-custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act, Wyo. Stat. Ann. §§ 20-5-201 et seq., 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

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child / Respondent resides in this county.

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. STANDING — STATUTORY CIRCUMSTANCE — § 20-7-101(a)

3.1 Petitioner has standing to bring this original action because one of the following circumstances exists (check the applicable one):

☐ § 20-7-101(a)(i) — Petitioner's child (who is the parent of the minor grandchild) has died, OR has divorced the minor grandchild's other parent, AND the person having custody of the grandchild has refused reasonable visitation to Petitioner.

☐ § 20-7-101(a)(ii) — The unmarried minor grandchild resided with Petitioner for a period in excess of six (6) consecutive months before being returned to the custody of the grandchild's parents, AND the parents have refused reasonable visitation to Petitioner.

3.2 Supporting facts for the circumstance checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor grandchild, as follows:

[____________________________________________________________]

4.2 Refusal of reasonable visitation. The person having custody / the parents have refused reasonable visitation, as follows:

[____________________________________________________________]

4.3 Why visitation would not substantially impair parental rights. Ordering reasonable visitation 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 any order interfering with that right is reviewed under strict scrutiny. Michael v. Hertzler, 900 P.2d 1144 (Wyo. 1995); Ailport v. Ailport, 2022 WY 43.

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 Statutory findings — § 20-7-101(b). The Court may grant reasonable visitation rights to a grandparent only if, after a hearing, it finds both that (a) visitation would be in the best interest of the child, AND (b) the rights of the child's parents are NOT substantially impaired.

5.4 Burden of proof. Petitioner acknowledges Petitioner bears the burden to prove by clear and convincing evidence both required findings in § 20-7-101(b). Ailport v. Ailport, 2022 WY 43; Bowman v. Study, 2022 WY 122.

VI. BEST INTEREST OF THE CHILD AND NO SUBSTANTIAL IMPAIRMENT

6.1 Petitioner alleges, and is prepared to prove by clear and convincing evidence:

☐ 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 reasons the custodian/parents have refused visitation, and the good faith of the parties: [____________]

☐ 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: [____________]

6.2 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 has standing under Wyo. Stat. Ann. § 20-7-101(a) (☐ (a)(i) ☐ (a)(ii));

B. Hold a hearing as required by Wyo. Stat. Ann. § 20-7-101(b);

C. Find, by clear and convincing evidence, that reasonable visitation with Petitioner is in the best interest of the child AND that ordering it would not substantially impair the rights of the child's parents;

D. Enter an order awarding Petitioner reasonable visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

E. Award costs as permitted by law; and

F. Grant such other and further 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. NOTICE TO RESPONDENT (SUMMONS)

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you under Wyo. Stat. Ann. § 20-7-101. You are required to serve upon Petitioner or Petitioner's attorney, and file with the Clerk of this Court, a written answer or other response within twenty (20) days after service of this Petition upon you (or as otherwise provided by the Wyoming Rules of Civil Procedure). If you fail to do so, judgment by default may be entered against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Wyo. Stat. Ann. § 20-7-101 — grandparent visitation: original action against the custodian; standing circumstances (death/divorce + refusal, § (a)(i); six-month residence + refusal, § (a)(ii)); court may grant reasonable visitation after a hearing only on findings that visitation is in the best interest of the child AND the rights of the child's parents are not substantially impaired (§ (b)).
• Michael v. Hertzler, 900 P.2d 1144 (Wyo. 1995) — upheld § 20-7-101 against a due-process challenge; parental rights are fundamental; statute reviewed under strict scrutiny.
• Ailport v. Ailport, 2022 WY 43, 507 P.3d 427 — strict scrutiny; grandparent must prove by clear and convincing evidence that visitation is in the best interest and does not substantially impair parental rights.
• Bowman v. Study, 2022 WY 122 — reversing grandparent visitation order that violated parents' fundamental right to raise their children.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• Wyo. Stat. Ann. §§ 20-5-201 et seq. — UCCJEA; § 20-5-308 (affidavit).

This Petition is a preparation aid only. Wyoming grandparent visitation requires strict statutory standing (Wyo. Stat. Ann. § 20-7-101(a)) and, under Michael v. Hertzler, Ailport v. Ailport, and Bowman v. Study, proof by clear and convincing evidence — reviewed under strict scrutiny — that visitation is in the child's best interest AND would not substantially impair the parents' fundamental rights, consistent with the special weight Troxel v. Granville gives a fit parent's decision. Consult a licensed Wyoming family law attorney before filing.