Legal Question in Family Law in Wyoming

My ex refuses to pay child support. We were never married but my son is 5 years old and every time i tell him that i am going to the court to give him a paternaty test. He says well then I will just get custody of him and you will never see him again. I have to mention that my son eric does not know his biological father. my husband and i have tried to take him up there to see him twice but after about 20 minutes or so he will say well i have to go. he has to do this or that. what ever he can do to leave. So i am just wondering if it is legal for him to do this is there anything to calm my fears....please help

Asked on 4/05/10, 8:45 pm

1 Answer from Attorneys

Thomas Lubnau Lubnau Law Office, P.C.

Your ex is playing to your worst fears. You need to see an attorney as it appears you may have grounds for your husband to adopt your son and stop the threats and games. If you don't want to do that then the attorney can answer your questions about paternity, custody and support.

Custody decisions in Wyoming are based on the best interests of the child and it seems quite unlikely that anyone who has spent less than an hour with a child would receive custody. An attorney can discuss the factors the court considers in custody cases without to help you understand that you should not be afraid of his threats. It may cost some money to get an attorney to do this for you, but it will be money well spent. The Wyoming State Bar has a referral program if you can't find an attorney. The number is 307-632-9061.

Your son is entitled to child support from the day he was born so it is important that you act on his behalf. Your local child suppport enforcement office can address the paternity and support issues. They do not deal with child custody but base the support on the fact that the child has been with you. You can reach the Carbon County Child Support office at 800-742-3096.

Good Luck!

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Answered on 4/11/10, 7:54 am

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