Packet 16

Termination of Guardianship – Minor

Forms and Procedures

For Wyoming

MOVANT

Published by
Wyoming Supreme Court
2301 Capitol Avenue
Supreme Court Building
Cheyenne, WY 82002

Termination of Guardianship – Minor

Approved by the Wyoming Supreme Court (2016)
 LIST OF FORMS – PACKET 16
TERMINATION OF GUARDIANSHIP (MINOR) – MOVANT

1. List of Forms – Movant

2. Information and Instructions for Termination of Guardianship
3. Motion to Terminate Guardianship
4. Summons & Return
5. Acknowledgement and Acceptance of Service
6. Affidavit in Support of Default
7. Motion for Entry of Default
8. Entry of Default
9. Request for Setting
10. Order Setting Hearing
11. Pretrial Disclosures
12. Order on Motion to Terminate Guardianship

* Other forms may be required by your Court.

 INSTRUCTIONS FOR MOTION TO TERMINATE GUARDIANSHIP OF A
MINOR CHILD
These standard instructions are for informational purposes only and are not meant to be legal
advice about your specific case. If you choose to represent yourself, you must follow the same
procedures and rules as an attorney.

GENERAL INFORMATION

1. You will file these documents in the existing guardianship file, under the same case
number. You can find a directory of the District Courts here:
https://www.courts.state.wy.us/district-courts/district-court-locations/.

2. The Court appointed a Guardian for your child because it found that it was in the best
interests of your child at that time, and that, unless you consented to the guardianship,
that you were unwilling or unable to care for your child. You must be prepared to testify
and give enough evidence to convince the judge that you are now able to care for your
child.

3. You can read Frequently Asked Questions on pages 8-11, or access Common
Questions about Guardianship for a Minor at
http://www.legalhelpwy.org/index.php/get-legal-help/self-help-2/family-
law/guardianships/guardianship-of-a-minor-child/common-questions/ . These may help
you to better understand the Guardianship process.

4. For additional information, please review Wyoming Statutes 3-1-101 through 3-2-303.

COMMON TERMS

1. “Movant” is the person filing the Motion to Terminate Guardianship.

2. “Respondent” is the person responding to the Motion to Terminate Guardianship.
3. “Guardian” means a person who has been appointed by the court to exercise the powers
granted by the court. The term includes a plenary (full), limited, emergency and standby
guardian, but does not include a Guardian Ad Litem.
4. “Ward” means an individual for whom a guardian or conservator has been appointed by
the court. In this case, it will be the minor child or children.
5. “Minor” means a child under the age of 18 that has not been emancipated.
6. “Order” means the official decree signed by the judge. If the Guardianship is terminated,
the Judge will issue an Order Terminating Guardianship. You will want to keep this
document handy at all times, to prove that you now have legal authority over the
child/children, and not the previous Guardian.

Instructions for Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
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FEES

There is no filing fee to file a Motion to Terminate Guardianship in Wyoming, however, there
may be other costs or fees. See the Frequently Asked Questions section below for more
information on various fees.

FORMS

Read these instructions carefully to determine what forms you may need. You may not need all
of the listed forms. Check with the District Court Clerk where you plan to file your case to
determine if they have any special requirements. You can find a directory of the District Courts
at: https://www.courts.state.wy.us/district-courts/district-court-locations/ .

STEPS TO FILING YOUR CASE

Step 1: Complete the Forms.

Before you file, make sure that you make copies of all the forms listed. NOTE: You can only use
the forms for more than one child if the children have the SAME parents. If they have different
parents, you MUST file separate forms.

• Summons and Return

 This completed form will need to be served upon the current guardian or
guardians of the minor child/children.

 You must provide a file-stamped copy of the Motion to Terminate Guardianship

for each person that will be served. See below in the Frequently Asked
Questions section for more information on “service.”

• Motion to Terminate Guardianship

 Complete and sign the Motion. Make as many copies of the Motion as there are
Summons to be served.

Step 2: You are Ready to File your Papers with the Court.

Provide the Court with the documents completed as described in Step 1 above. You will need to
make copies of the documents for each of the following persons (Interested Persons) and give
them notice of the filing (see below for how to serve):

Instructions for Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
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 a. The current guardian or guardians of the minor child/children, and other interested
persons.

b. The other parent of the minor child/children that is not joining you in this Motion
to Terminate Guardianship.

Step 3: Notice to current Guardian or Guardians of the minor child/children and Other
Interested Persons, if any.

If you know where the Guardian(s) or other interested persons (above) are located, you will
need to have them served. Service is required for the Motion to Terminate Guardianship
and Summons so the Court has proof that the other party received the papers. Personal
service of the Motion to Terminate Guardianship and Summons are required to be made on the
Respondent by a Sheriff, unless the Respondent completes an Acknowledgment and Acceptance
of Service form. Other forms of service exist, but these are the two easiest methods that meet the
formal service requirement for termination of a guardianship. If you cannot serve the
Respondent by either of these methods, you may request alternative methods of service, such as
service by publication, in limited circumstances.

You MUST give all parties in the case official notice that you have filed the Motion to Terminate
Guardianship. See below in the Frequently Asked Questions section for more information on
service. In addition to copies of the above forms, you will also need to prepare this form:

• Return (second page of the Summons)

 This document must be filled out by the sheriff or process server who serves the
Motion upon the guardians and/or other interested persons. It must be notarized or
signed by the District Court Clerk and filed with the District Court Clerk after
service is completed.

OR

You can avoid paying for personal service if the guardian(s) and/or other interested persons
agree to the service. Each person who agrees must complete the following form:

• Acknowledgment and Acceptance of Service form

 This form may be signed by the guardian(s) or other interested person who is
required to receive notice of the filing of the Motion. If the Guardian or other
person agrees, you will not need to have the Summons and Motion formally
Instructions for Termination of Guardianship (Minor)
Approved by Wyoming Supreme Court (2016)
Page 3 of 11
 served on him or her. See the Frequently Asked Questions section below for
more information on “service.”

 You must still provide file-stamped copies of the Summons and Motion to the
guardian(s) or other interested person even if they accept service with this form.

 If the guardian or other interested person signs this form, it must be signed in the
presence of a Court Clerk or Notarial Officer (Notary Public);

OR

If you do not have a current address for the guardian or other interested persons, or if their
identity is not known and cannot be found with reasonable efforts (diligence), you must publish
the notice of the motion in the newspaper. You will have to prove to the court that you tried to
locate the person. You should look in the phone book, search the internet and Facebook, contact
prior employers, family, friends, etc. to locate a current address. You will need these forms:

• Motion and Affidavit to Allow Service by Publication (Form available in Packet 18)

 If you do not know how to locate the guardian or other interested person, you will
need to complete this form and the next two forms.

 You must detail the efforts you made to obtain an address.

• Order for Service by Publication (Form available in Packet 18)

 Fill out the top part of this form. The Judge will sign and date the order.

• Notice of Publication (Form available in Packet 18)

 Complete this form and have it published for four (4) consecutive weeks in a
newspaper of general circulation in the county where the hearing is to be held.

 Do not sign where the District Court Clerk needs to sign. The Clerk must sign
the Notice of Publication BEFORE you take it to the newspaper.

• Affidavit Following Service by Publication (Form available in Packet 18)

 You will complete this form after you have published the notice in the newspaper
for four (4) consecutive weeks, and obtained an Affidavit of Publisher from the
newspaper.

Instructions for Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
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Step 4: Wait for the Answer Period to Expire.

Once the guardian(s) and/or other interested persons have been properly served, you must wait
for the answer period to expire. If the other party was personally served or acknowledged
service, he or she has 20 days to respond, or 30 days if served out of state. If the other party
was served by publication, he or she has 30 days after the last day of publication to respond.
Once the time to file an Answer has expired, you can move forward with your case.

Step 5: Default.

If the guardian(s) or other interested persons were served, but did not sign a notarized Consent or
did not respond to the Motion, then you will want to have the District Court Clerk enter a default
into the case record before the hearing. You should prepare and file these forms with the District
Court Clerk:

• Affidavit in Support of Default

 This form must be signed by the Movant in the presence of a Court Clerk or
Notarial Officer (Notary Public).

• Motion for Entry of Default

 Make sure you give the correct date when the Guardian was served or signed the
affidavit acknowledging service.

• Entry of Default

 If you know the Guardian’s address, you must give it to the District Court Clerk,
along with a pre-addressed, stamped envelope.

Step 6: Ask for a Hearing Date

It is almost certain that if the Guardian does not agree to terminate the guardianship, that the
Court will require a hearing. The District Court Clerk or Judge’s office will tell you if a hearing
is required. DO NOT ASSUME THAT THE HEARING WILL BE SCHEDULED
AUTOMATICALLY. Once the answer period has expired (see above), you will have to
formally request a hearing date from the Court.
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Approved by Wyoming Supreme Court (2016)
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Your Court may have forms to request a hearing date, or you can fill out these forms to request a
hearing date:

• Request for Setting

• Order Setting Hearing

 The District Court Clerk or Judicial Assistant will fill in the date, time and
courtroom/Judge for the hearing.

 You must send a copy of the Order Setting Hearing to all interested parties who
consent or respond, Guardian ad Litem, or anyone else required by the Judge.

 You will probably need to send the Order Setting Hearing to:

 Any legal guardians or interested persons who consented to the Motion

(although they do not need to attend the hearing);

 Any other interested persons who responded to the Motion and do not
have an entry of default against them (see above);

 Any Guardian ad Litem assigned to the case; and

 Any other person required by the Judge or Court.

NOTE: Individual courts have different policies on scheduling, so it is important to contact the
court where your case is filed to determine when and how to schedule your appearance in front
of the Judge.

Step 7: Before the Hearing.

Pretrial Disclosures. If someone responded to the Motion and is objecting to the termination,
you will need to prepare your evidence in advance. See below for more information about the
evidence you should present at the hearing. Prior to the hearing, the Judge may order that you
send a list of your witnesses and other evidence to the Court and other parties to the case a
certain number of days before the hearing or by a specific date. If you do not follow these
instructions, the Judge may not allow you to use your witnesses or other evidence. You can use
this form to prepare your evidence lists for the other parties:

• Pretrial Disclosures form

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  Fill in the information at the top of the first page. The names, case number and court
information should match the information on the Motion to Terminate Guardianship.

 Enter the names and contact information for any witnesses in the first table on page 4.

 For each witness, check whether you expect to use them or if you will only use them
if necessary.

 In the second table, enter a name for each piece of evidence (“Document or Exhibit”)
you might want to show the court. Example: “Exhibit A: Ward’s Medical Records.”

 Enter a short description (“Summary of Evidence”) for each piece of evidence.

Example: “These medical records describe the child’s special care needs.”

 For each piece of evidence, check whether you expect to use it or if you will only use
it if necessary.

 Sign the Pretrial Disclosures form.

 Complete the Certificate of Service section on the same day you file the document.

 Make at least two copies of the completed form (one for yourself and one for the
Respondent). Hand deliver, fax, or use first class mail to send a copy of the Pretrial
Disclosures to the Respondent. If the Respondent has a lawyer, you would send the
Pretrial Disclosures to his or her lawyer instead.

Step 8: Prepare for the Hearing.

Regardless of whether anyone objects or not, you will need to complete this form to bring to the
hearing:

• Order on Motion to Terminate Guardianship

 The Judge will fill out and sign this form, or you may be asked to fill out the
Order after the hearing. Complete only the top portion (case name and number)
of this form before the hearing.

 Bring it to the court hearing and present it to the Judge or District Court Clerk
when he or she requests it.

You will also want to prepare your evidence. See below for information about the evidence you
should bring to your hearing.
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Step 9: The Hearing

You must appear at the hearing and should be prepared to present evidence as to why the
guardianship should be terminated, even if no one has objected.

a. Be prepared to take notes.

b. You must prove to the Court that you are now a fit parent to care for your child. Be
prepared to offer exhibits such as proof of employment, stable housing, medical records,
social services records, and testimony of witnesses such as friends, family, or medical or
mental health professionals. Be prepared to show what has changed in your life since the
Guardianship was put in place.

Step 10: After the Hearing

1. A copy of the Order must be sent to all interested persons. After the Order is entered, the
District Court Clerk will send a copy to all parties including:

a. Any guardians or other interested persons who consented to the motion (even if they
did not attend the hearing);

b. Any guardians or other interested persons who received notice of the motion and do
not have an Entry of Default against them (see above);

c. Any Guardian ad Litem assigned to the case; and

d. Any other person required by the Judge or Court.

FREQUENTLY ASKED QUESTIONS:

1. What is “Service” in a Guardianship?

When you are involved in a court case, you are responsible for delivery (service) of copies of
important papers you file with the court to other people involved in the case (like the Minor’s
current legal guardian, or other interested persons, for example). Depending on the
circumstances, the papers must be served by personal delivery (called personal service), or if
the person agrees, they can waive personal delivery with a notarized statement. In limited
circumstances, you may be allowed to serve by publishing a notice in a newspaper or by
registered mail. Service lets these people know that you are asking the court to terminate the
guardianship, and the date and time when the Guardian must respond to your request.

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2. How to Serve the Guardian. Choose ONLY ONE of the following options to serve each
party:

Option 1– Service by Sheriff

Summons. It is recommended to have a Sheriff in the county where the Guardian can be
found serve him or her with the papers. There will be a separate service fee (usually fifty
($50.00) dollars in Wyoming). You can contact the Sheriff’s department in the county
where the Guardian lives to determine the fee charged by the Sheriff. This is also true if the
Guardian is going to be served in a different state. You will need to provide the Sheriff with
a file-stamped copy of the Summons and Motion to be served on the Guardian.

Proof of Service. The Sheriff’s Office will complete the last page of the Summons called the
“Return” (or they may have their own form - an “Affidavit of Service”) and will usually file
the original with the District Court Clerk’s office and send you a copy. If you receive what
looks like the original “Return” or “Affidavit of Service” from the Sheriff, call the District
Court Clerk’s office to make sure the original has been filed. If it has not, then file the
original with the District Court Clerk’s office and keep a copy for yourself. This is the proof
that the guardian(s) and/or other interested persons were given proper notice.

Note: Once the Guardian has been served, you MUST file the original Summons and the
original Return (or Affidavit of Service) with the District Court Clerk’s office so that the
Judge knows that proper service was made.

Option 2 – Acknowledgement and Acceptance of Service.

If the Guardian agrees, he or she may sign a form stating that a copy of the Summons and
Motion were received. If the Guardian agrees, you will need to fill out an Acknowledgement
and Acceptance of Service form. The Guardian must sign this document in front of a Court
Clerk or Notarial Officer (Notary Public).

Proof of Service. Once the Acknowledgement and Acceptance of Service form is signed,
take the original and two (2) copies of the signed form to the District Court Clerk’s office for
filing. You should keep one copy for your records and provide the other copy to the
Guardian.

Note: You must file the signed Acknowledgment and Acceptance of Service form and the
original Summons with the District Court Clerk’s office so that the Judge knows that proper
service was made on the Guardian.

Instructions for Termination of Guardianship (Minor)

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 Option 3 – Service by publication if you cannot find the Guardian.

If you were unable to serve the Guardian either by the Sheriff or by obtaining an
Acknowledgement or Acceptance of Service, then you may make a request to serve the
Guardian(s) and/or other interested persons by publication. (Forms available in Packet 18)

There are additional fees for service by publication and it will take more time. If you are
unsure whether or not you are allowed to serve the Guardian by publication, you need to
consult with a lawyer. However, if can demonstrate that you have made every effort to find
the Guardian’s address, completely fill out a Motion and Affidavit to Allow Service by
Publication and Notice of Publication.

After the District Court Clerk signs and files the Notice of Publication, it is your
responsibility to contact the appropriate newspaper and to arrange for the publication and pay
the appropriate fees. An appropriate newspaper is one that has been regularly issued at least
once each week for a period of fifty-two (52) consecutive weeks prior to the date of the first
publication of notice or advertisements. It must have a paid circulation of at least five
hundred (500) and each page must not be less than ten (10) inches by twelve and one-half
inches in size. The newspaper must publish the notice once a week for four (4) consecutive
weeks.

Proof of Service. The other party will have thirty (30) days after the last date of publication
to file a written Answer to your Motion. After the thirty (30) day waiting period, fill out,
sign and notarize the Affidavit Following Service by Publication. You must also attach an
Affidavit of Publisher, which is a form the newspaper will prepare and send to you after it
completes the publishing.

Note: You must file the Affidavit Following Service by Publication and the Affidavit of
Publisher with the Court so that the Judge knows that proper service was made on the
Guardian(s) and/or other interested persons.

3. Who can serve?

Ask a private process server, or a representative of the county sheriff’s civil division, to
personally serve copies of the forms to the persons named above. The forms cannot be sent
by mail. You will have to pay this person for his or her services. The District Court Clerk in
the county where you need to make service may have a list of local process servers.

Instructions for Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
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4. What if I cannot locate one or both of the Guardians or he or she is avoiding service of
process?

You will have to publish notice of the hearing in the newspaper in the county where you have
filed the Motion. See information above for forms and instructions on service by publication.

5. What if one or both of the Guardians do not agree to terminate the guardianship?

If the Guardians do not agree, then the Court will most likely schedule a court hearing where
you will present your evidence as to why the guardianship is no longer necessary. At the
hearing, you will be given a chance to show the judge why a guardianship is not necessary,
and to demonstrate your fitness as a parent. If a hearing is scheduled, you should consult
with an attorney.

6. What if the Guardian(s) give her/his consent to terminate the guardianship?

If the Guardian gives consent to terminate the guardianship, then you may not need a
hearing. However, some Judges may still require a hearing.

7. What if I previously consented to the guardianship (temporary or permanent), and then

my circumstances have changed and I now believe I can care for my child/children?

You, as the parent, have the right to ask for your child back at any time, unless your parental
rights have been terminated. However, the Guardian has legal custody of the child until the
guardianship end date (usually when the child turns 18 for a permanent guardianship) or until
the Court says otherwise. If the term for the guardianship has not ended, you will have to
file a Motion to Terminate Guardianship to ask the court to set aside the guardianship. The
Court will most likely set a hearing on the matter. Be sure that the Court always has your
current address and phone numbers at all times, and read all mail you may get from the
Court, and follow any instructions carefully and on time.

Instructions for Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
Page 11 of 11
STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

MOTION TO TERMINATE GUARDIANSHIP

COMES NOW, _______________________________________, and in support of this

Motion to Terminate Guardianship, states and alleges the following:

1. ________________________________is the current guardian of the Ward(s) in this matter.

2. The guardianship should be terminated for the following reason(s):

___________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________ .

3. A substitute guardian should be appointed, and ________________________________ is

a fit and proper person to act as guardian of the child(ren).

WHEREFORE, Movant prays that:

1. The guardianship be immediately terminated.

2. _______________________________________ be appointed as a substitute guardian of

the child(ren).

Motion to Terminate Guardianship (Minor)

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3. For such further relief as the Court deems just and equitable.

DATED this ____________ day of ___________________, 20 ____.

________________________________________
Movant
________________________________________

________________________________________

________________________________________
Movant’s address

Motion to Terminate Guardianship (Minor)

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Page 2 of 2
STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

SUMMONS

To the Respondent:
Home Address:

Phone:
Employer Name & Address:

YOU ARE HEREBY SUMMONED and required to file with the Clerk and serve upon
the Movant(s) an Answer to the Motion to Terminate Guardianship which is herewith served
upon you, within 20 days after service of this Summons upon you, exclusive of the day of
service. (If service upon you is made outside of the state of Wyoming, you are required to file
and serve your answer to the Motion to Terminate Guardianship within 30 days after service of
this Summons upon you, exclusive of the day of service). If you fail to do so, judgment by
default will be taken against you for the relief demanded in the Motion to Terminate
Guardianship.

Dated: _____________________________, 20_____.

(Seal of District Court)

__________________________________________
Clerk of Court
By: ____________________________________
Deputy Clerk
(Print Movant’s name and address)
______________________________________

______________________________________

______________________________________
Summons & Return – Termination of Guardianship (Minor)
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STOP: SHERIFF WILL FILL THIS OUT (Attach to Summons)

RETURN

STATE OF WYOMING )
) ss TO BE USED BY WYOMING SHERIFF, UNDER
COUNTY OF ____________ ) SHERIFF OR DEPUTY

I, ____________________________________, Sheriff in and for said County of

____________________, in the State aforesaid, do hereby certify that I received the within Summons,
together with a copy of the Motion to Terminate Guardianship, filed in the above entitled matter, and that
I served the same in the County aforesaid on the ________ day of ____________________, 20_____ by
delivering a copy of the same, together with a copy of the Motion to Terminate Guardianship, to:
_____________________________________________________________________________________
_____________________________________________________________________________________

Sheriff
By:
Deputy Sheriff
Sheriff’s fees: Service, $___________; Return $_____________

Mileage $___________; Total $_____________

___________________________________________________________________________________
AFFIDAVIT OF SERVICE

STATE OF______________ )
)ss TO BE USED BY A PERSON OTHER THAN WYOMING
COUNTY OF _____________ ) SHERIFF, UNDER SHERIFF OR DEPUTY

_______________________________, being first duly sworn, on oath deposes and says that s/he
is over 18 years old and is not a party to the foregoing action or interested therein, and that s/he made
service of said Summons in the County aforesaid on the ______ day of ___________, 20____, by
delivering a copy of the same, together with a copy of the Motion to Terminate Guardianship, to:

Name:

Address:

By:

Subscribed and sworn to before me this __________ day of ______________, 20_____.

_________________________________
Notarial Officer
My Commission Expires:

Summons & Return – Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
Page 2 of 2
STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

ACKNOWLEDGEMENT AND ACCEPTANCE OF SERVICE

I, (Print Respondent’s Name) _________________________________, hereby acknowledge

receipt of a copy of the Summons and Motion to Terminate Guardianship filed in this case. In
accepting service of process, I retain all defenses or objections to the lawsuit or to the
jurisdiction or venue of the court except for objections based on a defect in the Summons or in
the service of the Summons. I understand that I must answer or otherwise plead within 20 days
from this date (30 days if copies of the papers were received outside of Wyoming) and that if I
fail to file an answer or other pleadings with the Clerk of this Court and serve the same upon the
Movant in accordance with the Wyoming Rules of Civil Procedure within the time limits stated,
I will be in default and Movant may be afforded the relief demanded in the Motion to Terminate
Guardianship without a trial or other hearing.

DATED this _________ day of __________________________, 20____.

(Respondent’s Signature)
Respondent’s Phone Number:
Respondent’s Address:
Respondent’s City/State/Zip Code:

Acknowledgement & Acceptance of Service – Termination of Guardianship (Minor)

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Subscribed and sworn to before me on this ________ day of ____________________, 20_____.

WITNESS my hand and official seal.

____________________________________
Notarial Officer

My Commission Expires:

CERTIFICATE OF SERVICE

I certify that on (date) the original of this document was

filed with the Clerk of District Court; and, a true and accurate copy of this document was served
on each of the following:

Must be sent to every party to the case or their attorney if represented. Print the other party’s or
other party’s attorney’s Name and Address. You must indicate Method of Service.

Other Party/Other Party’s Attorney’s Name and Address Method of Service

Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail

Your signature

Print name

Acknowledgement & Acceptance of Service – Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
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STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) _____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

AFFIDAVIT IN SUPPORT OF DEFAULT

STATE OF WYOMING )
) ss.
COUNTY OF ________________ )

THE MOVANT, who is of lawful age being first duly sworn deposes and states as
follows:

1. Movant has filed a Motion to Terminate Guardianship in this case.

2. Respondent, __________________________________, was served with a copy

of the Motion and Summons by one of the following methods:

The Respondent was served with a copy of the Motion and Summons by a
duly authorized Deputy or the Sheriff of _________________ County, State of
____________________ on ______________________ (insert date).
OR
The Respondent filed an Acknowledgment and Acceptance of Service
acknowledging that on _________________ (insert date) he/she received a copy
of the Motion and the Summons.
OR

Affidavit in Support of Default – Termination of Guardianship (Minor)

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 An Affidavit to Allow Service by Publication was filed and the Respondent
was served by publication in the ________________________ Newspaper on the
following dates: ______________________________.
OR
The Respondent was served with a copy of the Motion and Summons by
Certified Mail, Restricted Delivery, Return Receipt requested on
_________________________________ (insert date), as evidenced by the green
postal signature card attached.

3. More than 20 days (if served in Wyoming); 30 days (if served outside of
Wyoming by publication or by Certified Mail), excluding the day of service, has
elapsed since the date of service.

4. That the Respondent failed to answer or otherwise plead as required by law. The
Respondent is not a minor or incompetent and is not in the military service of the
United States. This Affidavit is executed for the purpose of enabling Movant to
obtain an Entry of Default against the Respondent.

DATED this ______ day of _________________, 20___.

Signature
Printed Name:
Address:
Phone Number:

Subscribed and sworn to before me by _____________________________ this

_____ day of _______________, 20____.

Witness my hand and official seal.

______________________________
Notarial Officer

My Commission Expires:

Affidavit in Support of Default – Termination of Guardianship (Minor)

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STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

MOTION FOR ENTRY OF DEFAULT

The Movant submits this Motion for Entry of Default for a default judgment
against the Respondent, ________________________________, who has been served
the Motion to Terminate Guardianship according to the Affidavit/Return of Service
stating that Respondent was served on ______________[date], and has failed to reply to
or otherwise respond, and the time allowed by law for doing so has now expired. Motion
is made to enter the default against the Respondent according to law.
DATED this ______ day of _________________, 20____.

Signature
Printed Name:
Address:
Phone Number:

Subscribed and sworn to before me on this _____ day of ___________________,

20_____.

WITNESS my hand and official seal.

_________________________________
Notarial Officer

My commission expires:

Motion for Entry of Default – Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
Page 1 of 1
STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

ENTRY OF DEFAULT

The Clerk of District Court, pursuant to the Movant’s Motion for Entry of Default
and Affidavit in Support of Default, does hereby enter default against the Respondent,
_________________________________________, for failure to plead or otherwise
defend as provided by the Wyoming Rules of Civil Procedure, as appears from
examination of the records and files herein or the return upon the original Summons filed
in this cause.
DATED this _____ day of ________________________, 20___.

CLERK OF THE DISTRICT COURT

BY: ____________________________________

Copies to:
Movant/Movant’s Attorney’s Name and
Address

Respondent/Respondent’s Attorney’s Respondent/Respondent’s Attorney’s

Name and Address Name and Address

Entry of Default – Termination of Guardianship (Minor)

Approved by Wyoming Supreme Court (2016)
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STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

REQUEST FOR SETTING

________________________________________ (name), Movant Respondent,

respectfully requests a time and date for a hearing/trial of the above-captioned matter on the
Motion to Terminate Guardianship, or on the _________________________________________
_______________. Time requested for the hearing/trial: Hours _________ Minutes _________.

Notice: Any party requesting the reporting of a particular matter by the official court reporter
shall make a request to the appropriate official court reporter as soon as possible, but no later
than three (3) working days before the matter is set for hearing. You can provide notice to the
court reporter by phone or by submitting a written request. Please note that if providing notice
through the mail, the request must be received by the court reporter no later than three working
days prior to the hearing. The Clerk of District Court will be able to inform you which court
reporter to contact. The three-day notice requirement will not be waived by the Court. The
notice is required for all civil matters including jury trials. If a hearing is not recorded by an
official court reporter, a transcript of the hearing will not be available. It is very difficult to
appeal the Judge’s decision if you do not have a transcript of everything that is said at the trial.
Rule 904 of the Uniform Rules of the District Courts of the State of Wyoming.
DATED this ______ day of ________________, 20____.

Signature
Phone Number:
Address:

Request for Setting – Termination of Guardianship Hearing (Minor)

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 CERTIFICATE OF SERVICE

I certify that on (date) the original of this document was

filed with the Clerk of District Court; and, a true and accurate copy of this document was served
on each of the following:

Must be sent to every party to the case or their attorney if represented. Print the other party’s or
other party’s attorney’s Name and Address. You must indicate Method of Service.

Other Party’s/Other Party’s Attorney’s Name and Address Method of Service

Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail

Your signature

Print name

Request for Setting – Termination of Guardianship Hearing (Minor)

Approved by Wyoming Supreme Court (2016)
Page 2 of 2
STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

ORDER SETTING HEARING

THIS MATTER, having come before the Court on a Request for Setting; and the Court
having considered the same and being otherwise fully advised, hereby finds said matter should
be set for a hearing.
IT IS THEREFORE ORDERED, that a hearing on the Motion to Terminate
Guardianship (or other items indicated in the Request for Setting) is hereby scheduled for
Courtroom No. _______ of the __________________ County Courthouse, located at _______
___________________________, Wyoming on the _____ day of _________________, 20____,
commencing at __ : ___ o’clock __.M., (______) minutes/hour(s)/day(s) have been set aside for
the trial of this matter. There will be no continuances or canceling of the hearing date based on
telephone calls.

DATED this ______ day of ________________, 20____.

DISTRICT COURT JUDGE

Copies sent to:
Movant/Movant’s Attorney’s Name and Address
___________________________________________
___________________________________________
Respondent/Respondent’s Attorney’s Name and Address
___________________________________________
___________________________________________
Order Setting Hearing – Termination of Guardianship (Minor)
Approved by Wyoming Supreme Court (2016)
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STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

PRETRIAL DISCLOSURES

NOTE: Unless otherwise directed by the court, these disclosures must be made at least 30 days
before trial. Within 14 days thereafter, unless a different time is specified by the court, a party
may serve and promptly file with the Clerk of District Court a list disclosing (i) any
objections to the use under Rule 32 (a) of a deposition designated by another party under Rule
26(a)(3)(B), and (ii) any objection, together with the grounds therefore, that may be made to the
admissibility of materials identified under Rule 26(a)(3)(C). Objections not so disclosed, other
than objections under Rules 402 and 403 of the Wyoming Rules of Evidence, are waived unless
excused by the court for good cause.

Petitioner, _____________________________ (print name), OR Respondent,

____________________________ (print name), submits the following pretrial disclosures,
pursuant to Wyoming Rule of Civil Procedure 26(a)(3), required in pretrial proceedings. This
information must be made available to the opposing party or the opposing party’s counsel and
the Court at least thirty (30) days before the trial.
A. The name and, if not previously provided, the address and telephone number of
each witness, separately identifying those whom the party expects to present and those whom the
party may call if the need arises.
B. The designation of those witnesses whose testimony is expected to be presented
by means of a deposition and, if not taken stenographically (i.e. by a court reporter), a transcript
of the pertinent portions of the deposition testimony.
Pretrial Disclosures – Termination of Guardianship (Minor)
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 C. An appropriate identification of each document or other exhibit, including
summaries of other evidence, separately identifying those which the party expects to offer and
those which the party may offer if the need arises.

NOTE: Supplementation of disclosures and responses. Wyoming Rules of Civil Procedure

26(e)(1) states that: A party who has made a disclosure or responded to a request for discovery
with a disclosure or response is under a duty to supplement or correct the disclosure or response
to include information thereafter acquired, if ordered by the court or in the following
circumstances:
A party is under a duty to supplement at appropriate intervals, its disclosures if the party
learns that in some material respect the information disclosed is incomplete or incorrect
and if the additional or corrective information has not otherwise been made known to the
other parties during the discovery process or in writing.

DATED this _____ day of _____________, 20___.

Signature
Printed name:
Address:

Phone Number:

Pretrial Disclosures – Termination of Guardianship (Minor)

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 CERTIFICATE OF SERVICE

I certify that on (date) the original of this document was

filed with the Clerk of District Court; and, a true and accurate copy of this document was served
on each of the following:

Must be sent to every party to the case or their attorney if represented. Print the other party’s or
other party’s attorney’s Name and Address. You must indicate Method of Service.

Other Party/Other Party’s Attorney’s Name and Address Method of Service

Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail
Hand Delivery
Faxed to this number:_____________
Placed in United States Mail

Your signature

Print name

Pretrial Disclosures – Termination of Guardianship (Minor)

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Page 3 of 4
 (check one)

Name of Witness Address and Telephone Expect to call May call

Number witness to witness to
testify testify if the
need arises

Additional sheets of paper are attached if needed

(check one)

Document or Exhibit Summary of Evidence Expect to May offer

offer if the need
arises

Additional sheets of paper are attached if needed

Pretrial Disclosures – Termination of Guardianship (Minor)

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STATE OF WYOMING ) IN THE DISTRICT COURT
) SS
COUNTY OF ________ ) ____________ JUDICIAL DISTRICT

IN THE MATTER OF THE ) Probate No.______________

GUARDIANSHIP OF )
_________________________ )
)
_________________________ )
)
_________________________, )
Minor child(ren). )

ORDER ON MOTION TO TERMINATE GUARDIANSHIP

This matter having come before the Court on the Movant’s Motion to Terminate Guardianship

and the Court being fully informed in the premises,

THIS COURT HEREBY FINDS the following:

1. The Guardian  has/  has not acted properly in completion of the Guardian’s duties to the

Ward.

2. The reasons for  Ending /  Continuing the Guardianship are _____________________

___________________________________________________________________________

__________________________________________________________________________.

3. _________________________________________________________________________

____________________________________________________________________________

___________________________________________________________________________.

4. _________________________________________________________________________

____________________________________________________________________________

___________________________________________________________________________.
Order on Motion to Terminate Guardianship (Minor)
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 5.  ____________________________________ is a fit and proper person to act as substitute

Guardian of the Ward.

6. The termination of the guardianship  necessitates  does not necessitate a reintegration

plan to facilitate the child’s return to the parent.

7.  The court finds a reintegration plan is needed for the following reasons:

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

IT IS THEREFORE ORDERED:

1. That the Guardian  shall /  shall not be discharged from his/her duties.

2. That the Guardianship  shall /  shall not be terminated (ended).

3. That the Guardian  shall /  shall not give an accounting of the Ward’s funds in his/her

control.

4. That the Ward  shall /  shall not be returned to ______________________________.

5. That __________________________________ is a fit and proper person to act as substitute

guardian and is hereby appointed Guardian of the Ward.

6.  The termination of the guardianship necessitates a reintegration plan to facilitate the

child’s return, which includes the following:

 The parent shall be required to attend parenting classes.

Order on Motion to Terminate Guardianship (Minor)

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 A graduated visitation plan for the parent is necessary. The following graduated visitation

schedule is necessary and in the best interests of the child.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

 The court orders the following additional requirements to facilitate the return of the child to the

parent.

a.______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

b.______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

c.______________________________________________________________________________

_______________________________________________________________________________

_________________________________________________________________________

DATED this ______________ day of ___________________, 20____

__________________________________________
DISTRICT JUDGE

Order on Motion to Terminate Guardianship (Minor)

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Page 3 of 5
 CHECK ONLY ONE BOX, AND SIGN WHERE INDICATED IN THAT SECTION ONLY:

If the parties have agreed (both sign and have signatures notarized):

I certify that I have read the foregoing Order on Motion to Terminate Guardianship and
that I understand and agree to the terms and agree to the entry of this Order.

______________________________
Movant’s signature

STATE OF ______________________ )
) ss
COUNTY OF ____________________ )

Subscribed and sworn to before me by __________________________________, this

______ day of _____________________, 20______.

Witness my hand and official seal

______________________________
Notarial Officer
My Commission Expires:

I certify that I have read the foregoing Order on Motion to Terminate Guardianship and
that I understand and agree to the terms and agree to the entry of this Order.

______________________________
Respondent’s signature

STATE OF _____________________ )
) ss
COUNTY OF ____________________ )

Subscribed and sworn to before me by __________________________________, this

______ day of _____________________, 20______.

Witness my hand and official seal:

______________________________
Notarial Officer
My Commission Expires:

Order on Motion to Terminate Guardianship (Minor)

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Page 4 of 5
 If default has been entered and the Respondent did not respond:

The above is true and accurate and I want the court to approve:

_________________________________
Movant’s signature

If a court hearing was held:

APPROVED AS TO FORM:

_______________________________ ______________________________
Movant’s signature Respondent’s signature

Copies sent to:

Movant/Movant’s Attorney’s Name and Address

___________________________________________

___________________________________________

Respondent/Respondent’s Attorney’s Name and Address

___________________________________________

___________________________________________

Order on Motion to Terminate Guardianship (Minor)

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