ARTICLE 2 - RIGHTS AND OBLIGATIONS
14-2-201. Maintenance and education of minor out of income from own property.
Any minor having a living parent and owning property with income sufficient for his maintenance and education in a manner more expensive than his parent can reasonably afford, regard given to the situation of the parent's family and to all circumstances of the case, the expenses of the minor's education and maintenance may be defrayed out of the income of the minor's own property in whole or in part, as judged reasonable and as directed by the court. The charges for maintenance and education may be allowed accordingly in the settlements of the accounts of the minor's guardian.
14-2-202. Payment or delivery to parent of minor's estate not exceeding $25,000; duty of parent; settlement agreements on behalf of minors.
(a) Money or other property not exceeding twenty-five thousand dollars ($25,000.00) in value belonging to a minor having no guardian of his estate may be paid or delivered to a parent entitled to the custody of the minor to hold for the minor, upon written assurance verified by the oath of the parent that the total estate of the minor does not exceed twenty-five thousand dollars ($25,000.00) in value. The written receipt of the parent shall be an acquittance of the person making the payment or delivery of money or other property.
(b) It is the duty of the parent to apply the funds received under subsection (a) of this section to the use and benefit of the minor.
(c) A parent, guardian or conservator of a minor may enter into a settlement or compromise on behalf of the minor with a person against whom the minor has a claim without first seeking court approval and without first establishing a guardianship or conservatorship for the minor if:
(i) A guardian or conservator has not been previously appointed for the minor to represent the minor;
(ii) The minor is not emancipated under W.S. 14-1-201 through 14-1-206;
(iii) The total amount of the settlement or compromise to be paid to the minor is not greater than twenty-five thousand dollars ($25,000.00);
(iv) The moneys paid under the settlement agreement or compromise are paid:
(A) To the parent, guardian or conservator of the minor; or
(B) Into a trust or other account held for the benefit of the minor.
(v) The parent, guardian or conservator of the minor attests in an affidavit that the person has made a reasonable inquiry into the minor's claim and that:
(A) The total amount of the minor's claim is not greater than twenty-five thousand dollars ($25,000.00), excluding fees, costs and all other expenses incident to the claim; and
(B) To the best of the parent's, guardian's or conservator's knowledge:
(I) The minor will be fully compensated by the settlement or compromise; or
(II) It is unlikely that the minor will be able to obtain additional amounts from the party entering into the settlement agreement or compromise with the minor.
(vi) The parent, guardian or conservator of the minor will apply the funds received to the use and benefit of the minor.
(d) A settlement or compromise entered into in compliance with subsection (c) of this section shall, upon signature of the parent, guardian or conservator entering into the agreement on the minor's behalf, be binding on the minor without the need for further court approval or review and shall have the same force and effect as if the minor were a competent adult entering into the settlement or compromise.
(e) A minor shall have a cause of action against a parent, guardian or conservator who fails to manage or apply all funds received for the sole benefit of the minor, who fails to make a reasonable inquiry into the minor's claim, who falsely states that the minor's claim is not greater than twenty-five thousand dollars ($25,000.00) to settle the claim under this section or who otherwise fails to comply with the requirements of this section in settling a claim on behalf of the minor.
14-2-203. Parental tort liability for property damage of certain minors; exception; action cumulative.
(a) Any property owner is entitled to recover damages from the parents of any minor under the age of seventeen (17) years and over the age of ten (10) years who maliciously and willfully damages or destroys his property. The recovery is limited to the actual damages in an amount not to exceed two thousand dollars ($2,000.00) in addition to taxable court costs. This section does not apply to parents whose parental custody and control of the child had been terminated by court order prior to the destructive act.
(b) The action authorized in subsection (a) of this section is in addition to all other actions which the owner is entitled to maintain and nothing in this section precludes recovery in a greater amount from the minor, parents or any person for damages for which the minor or other person would otherwise be liable. The purpose of this section is to authorize recovery from parents in situations where they would not otherwise be liable.
14-2-204. Liability for support; right of action; venue; service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice.
(a) Any person legally responsible for the support of a child who abandons, deserts, neglects or unjustifiably fails to support the child is liable for support of the child. It is no defense that the child was not or is not in destitute circumstances. For purposes of this section, a parent's legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are:
(i) Mentally or physically disabled and thereby incapable of self support; or
(ii) Repealed By Laws 2000, Ch. 1, § 2.
(iii) Between the age of majority and twenty (20) years and attending high school or an equivalent program as full-time participants.
(b) Either of the parents of the child, the department of family services or any other person, agency or institution furnishing the physical care or support of the child may commence civil action for past and future child and medical support.
(c) The petition or complaint shall be filed in the district court of the county where the defendant resides, is found or has assets subject to attachment or execution. Service of process shall be as provided by the Wyoming Rules of Civil Procedure.
(d) The measure of recovery from the defendant is the reasonable value of the care or support, including medical support furnished to the child by the petitioner and the child support ordered pursuant to W.S. 20-2-303, 20-2-304, 20-2-307 and 20-2-311. In addition, the court may make other suitable order for future care or support of the child. These remedies are cumulative and in addition to other remedies provided by law. Payments of future support shall be paid to the clerk of the district court.
(e) Repealed By Laws 2000, Ch. 1, § 2.
(f) Repealed By Laws 2000, Ch. 1, § 2.
14-2-205. Presence of parent, custodian or guardian at hearings; failure to appear; issuance of bench warrant.
(a) It is the responsibility of one (1) or both parents, and the guardian or custodian of an unemancipated minor, if applicable, to appear with the minor before any court of this state in any proceeding in which the minor is required to appear and is alleged to have committed a criminal offense or to have violated a municipal ordinance. It shall be the responsibility of the court to afford any parent, guardian or custodian appearing with a minor pursuant to this subsection a reasonable opportunity to address the court.
(b) In any proceeding in juvenile court, attendance of one or both parents, and the guardian or custodian of the minor, if applicable, shall be compelled as provided by W.S. 14-6-215.
(c) In a proceeding in a court other than the juvenile court, the presiding judge may require the presence of one or both parents, and the guardian or custodian of the minor, if applicable, at any hearing by causing an order to appear to be served in the manner provided by W.S. 14-6-214.
(d) Any person served with an order to appear under subsection (c) of this section who without reasonable cause fails to appear, is liable for contempt of court and the court may issue a bench warrant to cause the person to be brought before the court.
14-2-206. Protection of parental rights; applicability.
(a) The liberty of a parent to the care, custody and control of their child is a fundamental right that resides first in the parent.
(b) The state, or any agency or political subdivision of the state, shall not infringe the parental right as provided under this section without demonstrating that the interest of the government as applied to the parent or child is a compelling state interest addressed by the least restrictive means.
(c) The parental right as provided under this section shall also apply to any state or local education agency, school district, board of trustees, commission or school under title 21 of the Wyoming statutes regarding communication or disclosure to a parent about that parent's unemancipated child.