Yes, you have excellent chances for getting visitation rights under these facts. To establish grandparent visitation rights, a grandparent must file a petition with the court requesting visitation. A WY judge will assess the following factors to determine whether visitation is appropriate:
- grandparent visitation serves the child’s best interests, and
- the parents’ rights aren’t substantially impaired by grandparent visitation.
Wyoming courts have applied this test liberally. A child’s best interests will depend on the specific circumstances of the case and strength of the grandparent-grandchild relationship which your facts already appear to show.
Here is the law:
20-7-101. Establishing grandparents' visitation rights
(a) A grandparent may bring an original action against any person having custody of the grandparent's minor grandchild to establish reasonable visitation rights to the child. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child's parents are not substantially impaired, the court shall grant reasonable visitation rights to the grandparent. In any action under this section for which the court appoints a guardian ad litem, the grandparent shall be responsible for all fees and expenses associated with the appointment.
(i) through (iii) Repealed by Laws 1997, ch. 71, § 2.
(b) Repealed by Laws 1997, ch. 71, § 2.
(c) No action to establish visitation rights may be brought by a grandparent under subsection (a) of this section if the minor grandchild has been adopted and neither adopting parent is related by blood to the child.
(d) In any action or proceeding in which visitation rights have been granted to a grandparent under this section, the court may for good cause upon petition of the person having custody or who is the guardian of the child, revoke or amend the visitation rights granted to the grandparent.
(e) As used in this section:
(i) "Grandparent" includes a great-grandparent; and
(ii) "Grandchild" includes a great-grandchild.
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