Title 14 · WY
14-2-702.
Citation: Wyo. Stat. § 14-2-702
Section: 14-2-702
14-2-702.
(d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than ten (10) days before the date of a hearing are admissible to establish:
(i) The amount of the charges billed; and
(ii) That the charges were reasonable, necessary and customary.
14-2-814. Consequences of declining genetic testing.
(a) A person who declines to comply with an order for genetic testing is guilty of contempt of court.
(b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual. (c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
14-2-815. Admission of paternity authorized.
(a) A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
(b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
14-2-816. Temporary order.
(a) In a proceeding under this article, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
(i) A presumed father of the child;
(ii) Petitioning to have his paternity adjudicated;
(iii) Identified as the father through genetic testing under W.S. 14-2-705;
(iv) An alleged father who has declined to submit to genetic testing;
(v) Shown by clear and convincing evidence to be the father of the child; or
(vi) The mother of the child.
(b) A temporary order may include provisions for custody and visitation as provided by other law of this state.
14-2-817. Rules for adjudication of paternity. (a) The court shall apply the following rules to adjudicate the paternity of a child:
(i) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child;
(ii) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under W.S. 14-2-705 shall be adjudicated the father of the child;
(iii) If the court finds that genetic testing under W.S. 14-2-705 neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity;
(iv) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated not to be the father of the child.
14-2-818. Jury prohibited.
The court, without a jury, shall adjudicate paternity of a child.
14-2-819. Hearings; inspection of records.
Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this act shall be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records other than the final judgment pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the state office of vital records services or elsewhere, are subject to inspection only by court order.
14-2-820. Order on default.
(a) The court shall issue an order adjudicating the paternity of a man who:
(i) After service of process, is in default; and (ii) Is found by the court to be the father of a child.
14-2-821. Dismissal for want of prosecution.
The court may issue an order dismissing a proceeding commenced under this act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
14-2-822. Order adjudicating parentage.
(a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
(b) An order adjudicating parentage shall identify the child by name and date of birth.
(c) Except as otherwise provided in subsection (d) of this section, the court may assess filing fees, reasonable attorney's fees, fees for genetic testing, necessary travel and other reasonable expenses incurred in a proceeding under this article. The court may award attorney's fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.
(d) The court may not assess fees, costs or expenses against the child support enforcement agency of this state or another state, except as provided by other law.
(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.
(f) If the order of the court is at variance with the child's birth certificate, the court shall order the state office of vital records to issue an amended birth certificate.
(g) Upon a sufficient showing by the department of family services that birth costs were paid by medical assistance within the preceding five (5) years, the court shall include a requirement in an order adjudicating parentage that the father pay birth costs to the department in the manner set forth in W.S. 14-2-1004. Failure of the department to make a sufficient showing under this subsection shall not preclude the department from subsequently seeking recovery in any other manner authorized by law.
14-2-823. Binding effect of determination of parentage.
(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:
(i) All signatories to an acknowledgement or denial of paternity as provided in article 5 of this act; and
(ii) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of W.S. 20-4-142.
(b) A child is not bound by a determination of parentage under this act unless:
(i) The determination was based on an unrescinded acknowledgment of paternity and the acknowledgement is consistent with the results of genetic testing;
(ii) The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
(iii) The child was a party or was represented in the proceeding determining parentage by an attorney representing the child's best interest.
(c) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of W.S. 20-4-142, and the final order:
(i) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or
(ii) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
(d) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) An adjudication of the paternity of a child issued by a court of this state or by the filing of an acknowledgment of paternity pursuant to W.S. 14-2-605 without the benefit of genetic testing, may be challenged by a party to the adjudication only if post-adjudication genetic testing proves that the adjudicated father is not the biological father of the child pursuant to W.S. 14-2-817. This section does not apply to any of the following:
(i) A paternity determination made in or by a foreign jurisdiction or a paternity determination which has been made in or by a foreign jurisdiction and registered in this state in accordance with the Uniform Interstate Family Support Act;
(ii) A paternity determination based upon a court or administrative order of this state if the order was entered based upon blood or genetic test results which demonstrate that the alleged father was not excluded and that the probability of the alleged father's paternity was ninety-nine percent (99%) or higher.
(f) A petition for disestablishment of paternity shall be filed:
(i) In the district court in which the paternity order is filed;
(ii) In the case of an adjudication as a result of the filing of an acknowledgment of paternity pursuant to W.S.