Wyoming Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   Wyoming does not appear to have a general parent-signed delegation statute or an official form for one. The closest instrument is a court route under Wyo. Stat. 3-2-302: a relative caregiver signs a petition, verified by affidavit, asking for appointment as temporary guardian for educational, medical care and dental care purposes. That is a court order, not an agreement the parent signs.

2. 2

   The ex parte order is limited to not more than one (1) year except upon a showing of good cause (3-2-302(d)). This page does not cover renewal, so ask the court how an extension is handled. A temporary guardian of a minor ward under 3-2-106(c) is also limited to 1 year absent good cause.

3. 3

   The petition is filed in court and verified by affidavit. It must state attempts to contact the natural parents about enrolling the child in school, authorizing medical or dental care, or seeking the appointment. 3-2-302(a) also requires other contents that this page does not list, so check the statute or the court's instructions before filing. The parents are served with the order and notice of the right to a hearing, and a parent may request a full hearing. If the child leaves the caregiver's primary physical custody, the caregiver must notify the court in writing within 3 business days.

4. 4

   The court-conferred scope is educational, medical care and dental care purposes. This page does not promise that a school or medical provider must accept any document. Wyoming's Uniform Power of Attorney Act excludes a power to make health care decisions (3-9-103(a)(ii)).

5. 5

   A military family may use a special power of attorney relative to the guardianship of a child of a military family. Under the Interstate Compact on Educational Opportunity for Military Children, Wyo. Stat. 21-24-106(a)(i), it suffices for school enrollment and other actions requiring parental participation and consent. This applies only to children of military families.

6. 6

   This is not a custody transfer, and the court order does not end a parent's rights. A parent may file a petition to terminate the guardianship, and the court gives deference to the rebuttable presumption that a fit parent is entitled to custody of their child. The caregiver must be 18 or older, the primary physical custodian and a relative: parent, stepparent, grandparent, great-grandparent, sibling, stepsibling, half sibling, uncle or aunt.

7. 7

   If this does not fit your situation, or a different court arrangement is needed, Wyoming also has a temporary guardian after hearing (3-2-106(a)), also limited to 1 year absent good cause (3-2-106(c)), and an emergency guardian where ordinary procedure will likely result in substantial harm and no other person has authority and willingness to act (3-2-106(d)), with a hearing within 72 hours and notice within 48 hours when ordered without notice. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Wyoming child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Wyoming Requirements for Temporary Guardianship Agreement

• No Apparent Parent-Signed Delegation

  Wyoming does not appear to have an enacted statute for a parent-signed out-of-court delegation, and the 2022 bill SF0013 did not become law. The court route is in Wyo. Stat. 3-2-301 to 3-2-303.

• Caregiver Eligibility

  A caregiver is a person other than a natural parent or legal guardian who is at least 18, is the primary physical custodian and is a relative (Wyo. Stat. 3-2-301(a)).

• Verified Petition Signed by Caregiver

  The caregiver petitions for appointment as temporary guardian for educational, medical care and dental care purposes, and the petition is verified by affidavit (Wyo. Stat. 3-2-302(a)).

• One-Year Limit on Ex Parte Order

  An ex parte order for educational, medical care and dental care purposes is limited to not more than one (1) year except upon a showing of good cause (Wyo. Stat. 3-2-302(d)).

• Attempts to Contact Parents

  The petition states attempts to contact the natural parents about enrolling the child in school, authorizing medical or dental care, or seeking the appointment (Wyo. Stat. 3-2-302(a)).

• Service and Right to Hearing

  The ex parte order and notice of the right to a hearing are served on the natural parents, and a parent may request a full hearing (Wyo. Stat. 3-2-302(b), (c)).

• Notice if Custody Changes

  The caregiver must notify the court in writing within 3 business days if the child leaves the caregiver's primary physical custody (Wyo. Stat. 3-2-303).

• Power of Attorney Excludes Health Care

  Wyoming's Uniform Power of Attorney Act does not apply to a power to make health care decisions (Wyo. Stat. 3-9-103(a)(ii)).

• Military Family Power of Attorney

  A special power of attorney relative to the guardianship of a child of a military family suffices for school enrollment under the Interstate Compact on Educational Opportunity for Military Children (Wyo. Stat. 21-24-106(a)(i)).