Child Custody in Wyoming
Comprehensive guide to child custody laws and parenting guidelines in Wyoming. Filing fees, requirements, timelines, and how to find a Wyoming family law attorney.
Wyoming at a Glance
- Joint Custody Presumption
- No
- Child Preference Age
- No set age
- Parenting Plan Required
- Yes
- Mandatory Mediation
- Yes
- Grandparent Rights
- Grandparents may petition for visitation under Wyo. Stat. Section 20-7-101; the court may grant visitation if it is in the best interest of the child and if the grandparent has established a significant, viable relationship with the child, with deference given to the decisions of fit parents
Overview of Wyoming Custody Law
Wyoming addresses child custody under Wyo. Stat. Sections 20-2-201 through 20-2-204. The court’s governing standard in all custody determinations is the best interests of the child. Wyoming law does not create a presumption in favor of any particular custody arrangement, and the court evaluates each case on its individual facts. Wyoming does not favor one parent over the other on the basis of gender, and both parents are considered equally for custody.
For a broader overview of custody frameworks, see our guide on child custody laws explained.
Types of Custody in Wyoming
Wyoming recognizes the following custody arrangements:
- Sole Custody — One parent has both decision-making authority and primary physical responsibility for the child. The other parent typically receives visitation (parenting time).
- Joint Custody (Shared) — Both parents share decision-making authority and the child spends significant time with each parent. Joint custody requires that the parents demonstrate the ability to communicate and cooperate in the child’s best interest.
- Primary Residential Custody — The child lives primarily with one parent while the other has a defined parenting time schedule.
- Visitation (Parenting Time) — The noncustodial parent has the right to regular and meaningful contact with the child on a schedule established by the court.
Wyoming courts aim to ensure that the child maintains a strong relationship with both parents, and parenting time schedules are designed to promote frequent and continuing contact.
Best Interests Factors
Under Wyo. Stat. Section 20-2-201, the court considers a comprehensive set of factors:
- The quality of the relationship each child has with each parent
- The ability of each parent to provide adequate care throughout each period of responsibility, including arranging for care by others as needed
- The relative competency and fitness of each parent
- Each parent’s willingness to accept all responsibilities of parenting, including care during proposed periods of responsibility
- How the parents and child can best maintain and strengthen their relationships
- How the parents and child interact and communicate, and how such interaction may be improved
- The ability and willingness of each parent to allow the other to provide care without intrusion, respecting the other parent’s parental rights
- The geographic distance between the parents’ residences
- The current physical and mental ability of each parent to care for each child
- Any other factors the court deems necessary and relevant
Mandatory Mediation
Wyoming requires mediation in contested custody disputes. Under Wyo. Stat. Section 20-2-201(f), the court must refer the parties to mediation prior to a contested custody hearing unless there is a history of domestic abuse or other circumstances making mediation inappropriate. Mediation is designed to help parents reach a cooperative agreement regarding custody and parenting time. If mediation does not produce an agreement, the case proceeds to a hearing before the court.
Parenting Plans
Wyoming requires parents to submit a parenting plan as part of custody proceedings. Under Wyo. Stat. Section 20-2-202, the plan must address the allocation of decision-making authority, a residential schedule, provisions for holidays and school breaks, a method for resolving future disputes, and provisions for communication between the child and each parent. If the parents cannot agree on a plan, the court will establish one based on the best interests factors.
Child’s Preference
Wyoming does not designate a specific age at which a child may choose which parent to live with. The court may consider the child’s wishes as one of the many factors in the best interests analysis. In practice, Wyoming courts give increasing weight to the child’s expressed preferences as the child demonstrates maturity and the ability to articulate well-reasoned views. The court may interview the child or appoint a guardian ad litem.
Relocation
Under Wyo. Stat. Section 20-2-204, a parent who wishes to relocate must provide at least 45 days advance written notice to the other parent. The notice must include the proposed new residence, the reason for the relocation, and a proposed revised parenting time schedule. The non-relocating parent may object, and the court will evaluate the proposed relocation under the best interests standard, considering the purpose of the move, its impact on the child’s relationship with both parents, and the feasibility of preserving meaningful contact through modified parenting time.
Grandparent Visitation
Under Wyo. Stat. Section 20-7-101, grandparents may petition for visitation rights. The court may grant visitation if it finds that the grandparent has established a significant, viable relationship with the child and that visitation is in the child’s best interest. The court gives deference to the decisions of fit parents, consistent with the U.S. Supreme Court’s holding in Troxel v. Granville.
When to Seek Legal Help
Wyoming’s custody framework involves a detailed best interests analysis, mandatory mediation, and parenting plan requirements. Whether you are establishing an initial custody arrangement, facing a relocation dispute, or seeking a modification, consider scheduling a free consultation to discuss your situation with an experienced family law attorney.
Detailed Child Custody Data for Wyoming
Best Interest Factors
- The quality of the relationship each child has with each parent
- The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed
- The relative competency and fitness of each parent
- Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care during proposed periods of responsibility
- How the parents and each child can best maintain and strengthen a relationship with each other
- How the parents and each child interact and communicate with each other and how such interaction and communication may be improved
- The ability and willingness of each parent to allow the other to provide care without intrusion, i.e., to respect the other parent's parental rights
- The geographic distance between the parents' residences
- The current physical and mental ability of each parent to care for each child
- Any other factors the court deems necessary and relevant
Custody Arrangements
- Sole custody
- Joint custody (shared)
- Primary residential custody
- Visitation (parenting time)
References
Related Child Custody Articles
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What to Expect at a Custody Hearing
Learn what happens at a custody hearing, including types of hearings, evidence presented, what judges look for, how to prepare, and common mistakes to avoid.
Custody Mediation: How It Works
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