Silsbee, TX asked in Divorce, Child Custody, Child Support and Family Law for Wyoming

Q: Guidance on divorce and sole custody in Wyoming due to absent spouse threats.

I have been married for 13 years, and my spouse has been absent for the past 3 years. We have twins, and he has threatened to take them away from me, but he provides no support. There are no existing legal agreements regarding custody or support. I am seeking advice on pursuing sole custody and addressing these threats. How should I proceed with the divorce and custody issues under these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Given that your spouse has been absent for several years and has made threats about taking your children, it’s important to act swiftly to protect both your legal rights and your children's well-being. Start by filing for divorce in Wyoming, where you can also request custody and child support orders. Since there are no existing legal agreements regarding custody or support, the court will make decisions based on what’s in the best interest of the children.

To pursue sole custody, you should document everything, including the threats your spouse has made and the lack of support. If you have evidence of your spouse's absence, it could help demonstrate that they have not been involved in the children’s lives, which could strengthen your case for sole custody. The fact that your spouse has not been providing support or taking part in the children's upbringing will also be important for the court to consider.

In Wyoming, the court generally aims to ensure that the children have a stable environment, and since your spouse has been absent and made threatening statements, the judge will likely look at what is safest and most beneficial for your children. Additionally, you can request child support from your spouse during the divorce process. It's a good idea to consult with a family law attorney to guide you through the process and to ensure that you are taking the necessary legal steps to secure sole custody and address your spouse's threats.

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