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Hede v. Gilstrap2/28/2005
VOIGT, Justice, delivered the opinion of the Court; HILL, Chief Justice, filed a dissenting opinion.
[ ] This case involves a conflict between visitation rights obtained by paternal grandparents under Wyo. Stat. Ann. § 20-7-101 (LexisNexis 2003) and a subsequent adoption of the child by maternal grandparents under Wyo. Stat. Ann. § 1-22-101 et. seq., (LexisNexis 2003). We affirm the summary judgment in favor of the maternal grandparents.
ISSUES
1. Does an existing visitation order issued in favor of a child's paternal grandparents survive the subsequent adoption of the grandchild by her maternal grandparents?
2. Were the paternal grandparents entitled to discovery of documents relating to the adoption?
FACTS
[ ] The appellants are the paternal grandparents of the minor child who is the focus of this action. In 1999, the appellants obtained a court order granting them visitation with the child. In 2002, the child was adopted by the appellees, who are her maternal grandparents. The appellees' refusal to allow visitation by the appellants after the adoption resulted in this declaratory judgment action.
THE GRANDPARENT VISITATION STATUTE
[ ] § 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(i) to (iii) Repealed by Laws 1997, ch. 71, § 2 [effective July 1, 1997].
(b) Repealed by Laws 1997, ch. 71, § 2 [effective July 1, 1997].
(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 a natural parent of 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.
THE RELEVANT ADOPTION STATUTES
[ ] § 1-22-104. Petition for adoption of minor . . ..
(d) The petition and documents filed pursuant to this section, and the interlocutory decree, if entered, and the final decree of adoption shall constitute a confidential file and shall be available for inspection only to the judge, or, by order of court, to the parties to the proceedings or their attorneys. . . .
§ 1-22-105. Hearings to be closed; attendance of parties.
(a) Unless the court orders a hearing in open court, all hearings in adoption proceedings shall be confidential and held in closed court or court chambers. No person shall be admitted except court officials, parties to the proceeding, counsel, non-consenting parents, the non-consenting putative father of the child and witnesses.
§ 1-22-107. Service of petition and order . . ..
(a) Prior to the hearing a copy of the petition to adopt a child and all orders to show cause shall be served on any persons whose consent to adoption is required by W.S. 1-22-109 and whose consent has n
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