Kirven Law, LLC offers years of experience in family law matters. Attorney Stacy M. Kirven has represented clients in high-asset divorce litigation, in addition to standard divorces with or without children involved. Stacy also represents clients in custody and visitation disputes, paternity challenges, grandparent visitation, termination of parental rights, and adoptions with or without consent. Whatever your needs, Kirven Law, LLC has you covered.
The end of a marriage is never easy. You need a seasoned Wyoming Divorce Attorney by your side to make sure that you are able to move on with your life in the best possible way. Navigating the stress and complexities of a divorce is something you can not do alone. Having an attorney by your side that understands the process, knows the pitfalls, and can guide you through the entire way is paramount.
A Contested Divorce is different from an Uncontested Divorce in a few important ways. A Contested Divorce usually refers to one where the two parties are not able to come to an agreement regarding the terms of their divorce. These could include but are not limited to Child Support, Division of Assets, and Child Custody. Contested divorces can often become very adversarial. Sometimes, one spouse will become angry. It is important to ensure the safety of your children and yourself. In these cases, our attorneys can help attain a court order removing the spouse from your shared home and making sure that they are ordered to stay away from you and your children until things are resolved.
An uncontested divorce is one in which the two parties are able to come to an agreement on the terms of their divorce. These are usually the best outcome for all involved. They often are the result of a third party Mediation. These can help both parties see clearly and agree to an equitable agreement they both can live with.
Custody & Visitation
Determining Child Custody & Visitation during a divorce is often fraught with emotion. Most parents feel protective of their children and understandably believe they have their best interests at heart. When spouses are unable to come to an agreement about custody, things can get very nasty, very quickly, and cause undue stress on both the parents and the children. We understand that assigning custody is a big deal. It strikes at the core of what being a parent is all about. We can help you resolve your custody and visitation issues and come to an agreement that works not only for you but more importantly, for your children. It is in your best interest to come to an agreement about child custody. If you are unable to do so, the decision may be left to a judge to make a decision which they think is in the best interest of your children. By hiring a seasoned Wyoming divorce attorney, you can make sure that you can come to an agreement and it is not left in the hands of a judge.
In the state of Wyoming, child support is the responsibility of both parents. The custodial parent, whom the child lives with, will normally receive support payments from the non-custodial parent. If you are unable to come to an agreement in regards to child support, the court will take into account a number of factors in determining support. They can include:
- Employment Income
- Unemployment Income
- Workers’ Compensation Income
- Retirement Income
Unfortunately, it is not uncommon to see a non-custodial parent get a lower-paying job after separation in an effort to reduce the amount of support. Our seasoned child support attorneys are will argue that the support calculation should be based on their potential income as well as providing evidence of past income for calculations. Family court judges have broad leeway in determining support and with the right Wyoming family lawyer by your side, we can confidently present your case in the best interest of the children.
In Wyoming, there are two classifications of paternity. For children born outside of a marriage, even if you have obtained a court judgment of paternity, you are still classified as “putative fathers”. Establishing paternity can affect child support, legal & physical custody as well as visitation rights.
If you fall into this classification, there are several additional steps that you may need to take in order to secure parental rights. Both parents have to sign an Affidavit Acknowledging Paternity and return it to the Wyoming Office of Vital Records. If you are a father that has a child that was born outside of marriage contact our office today to ensure your parental rights are safeguarded.
Termination of Parental Rights
In Wyoming, there are specific grounds for Termination of Parental Rights. Here are a few examples of the grounds used to terminate parental rights:
- The child has been left in the care of another person without provision of the child’s support and without communication of the absentee parent for at least one year.
- The child has been abandoned with no means of identification for at least 3 months and efforts to locate the parents are unsuccessful.
- The child has been abused or neglected by the parent and reasonable efforts by authorized agencies or mental health professionals have been unsuccessful in rehabilitating the family.
- The parent is incarcerated due to the conviction of a felony and a showing that the parent is unfit to have custody of the child.
- The child has been in foster care of the State of Wyoming for 15 of the most recent 22 months.
- The child was abandoned at less that one year of age for at least 6 months.
- The parent is convicted of murder or homicide of the other parent.
Many times, termination of parental rights is a necessary step in the adoption process. In order for a child to be adopted, their current parent’s rights must be terminated if they have not already relinquished their rights as a parent.
Adoption in Wyoming creates a new parent-child relationship. A petition for adoption can be filed by any of the following:
- A Single Adult.
- Jointly by a Husband and Wife.
- Either by a Husband or Wife, if the other person is the parent of the child.
It is not uncommon for many adoptions to be done by stepparents. Many times, these adults have lived with and raised the children for years and see them as their own children. They are just looking to make their “parentage” of the child legal in the eyes of the court. Our office can help in all manner of adoptions. Please contact us today to help make your adoption a reality.
Guardianship is a legal proceeding that is used to appoint a guardian to exercise the legal rights for a person that is unable to legally do so or for a minor child in need of a guardian. Individuals with disabilities may require a guardian after they turn 18 years of age to handle their affairs if they have been determined to not be able to do so on their own. Minor children may be appointed a guardian in order to ensure their rights and needs are met when a parent is not able to do so. It is common for grandparents, aunts, and uncles to be made guardians of minor children. Each guardianship is different as each person’s needs for a guardian are different. If you or a loved one has questions about guardianship, please contact our office today. We would be happy to walk you through all that goes into setting up a guardianship.