Service of Process for Minors and Individuals Under Guardianship in Wyoming

Detailed Answer

Serving legal documents to minors or to adults under guardianship in Wyoming requires compliance with both the Wyoming Rules of Civil Procedure (W.R.C.P.) and the state’s guardianship statutes. These safeguards ensure that individuals who cannot manage their own affairs receive proper notice through a legally authorized representative.

1. Service Under the Wyoming Rules of Civil Procedure
Under W.R.C.P. 4(d)(2), if the defendant is a minor or an adult under a guardianship or conservatorship, you must deliver the summons and complaint to the individual’s guardian, conservator or court‐appointed guardian ad litem. Service on the guardian constitutes service on the ward. See W.R.C.P. 4(d)(2), available at https://www.courts.state.wy.us/wp-content/uploads/2017/04/Wyoming-Rules-of-Civil-Procedure.pdf.

2. Serving Minors
• Natural guardianship by a parent: If a parent has legal custody, you may serve the parent at the parent’s residence.
• Court‐appointed guardian: If the court has appointed a guardian for the minor, deliver the documents to that guardian.
• Guardian ad litem: If no guardian exists, ask the court to appoint a guardian ad litem under Wyo. Stat. Ann. § 3-2-108 (Appointment of guardian ad litem), available at https://wyoleg.gov/Statutes/StatutesSummary?codeTitle=03&chapter=02.

3. Serving Individuals Under Guardianship
Under Wyoming’s guardianship and protective proceedings (Title 3, Chapter 2), a guardian has authority over legal notices. Deliver the summons and complaint to the guardian as named in the letters of guardianship. The guardian must then notify the ward. See Wyo. Stat. Ann. § 3-2-109 (Service of notice and citation), available at https://wyoleg.gov/Statutes/StatutesSummary?codeTitle=03&chapter=02.

4. Alternative Service Methods
If you cannot locate a guardian, parent or guardian ad litem after diligent effort, you may request the court’s permission for alternative service under W.R.C.P. 4(d)(7). Common alternatives include certified mail, publication in a local newspaper or delivery to the court clerk. The court will require proof of your attempts to locate the appointed representative.

Helpful Hints

• Review the court’s guardianship order to confirm who may accept service.
• Follow W.R.C.P. 4 deadlines strictly to avoid delays or dismissal.
• Keep detailed records of your service attempts and any returned mail.
• If no guardian is on file, move quickly to appoint a guardian ad litem.
• Use alternative service only after showing due diligence in locating the guardian.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance regarding your specific situation.