Child Custody in Wyoming

The best-interest factors under Wyo. Stat. 20-2-201

Wyoming Statute 20-2-201(a) directs the court to weigh several factors, though this list isn't exhaustive. They include the quality of each child's relationship with each parent, and each parent's ability to provide care during their time with the child, including arranging care by others when needed.

The court also weighs each parent's competency, fitness, and willingness to accept all parenting responsibilities. That includes caring for the child at specified times and handing off care to the other parent at other times.

Other factors include how the parents and child can maintain and strengthen their relationship, how they interact and communicate, and how that could improve. The court also looks at each parent's willingness to let the other provide care without intrusion, respecting the other's rights, including privacy.

The court weighs the geographic distance between the parents' homes and each parent's current physical and mental ability to care for the child. It also weighs whether either parent has a sex offender registration conviction under Wyoming law. The court can weigh any other factor it finds necessary and relevant.

No preference based on gender or custody form

Wyoming law is explicit in two directions. Under 20-2-201(b), a court cannot prefer one parent as custodian solely because of gender. Under 20-2-201(d), the court cannot favor or disfavor any particular form of custody when determining an arrangement, which can include any combination of joint, shared, or sole custody. The statute requires the court to order custody in well-defined terms. This promotes understanding and compliance by the parties, rather than leaving an arrangement vague enough to invite disputes over what it actually requires.

Abuse and family violence

Wyoming Statute 20-2-201(c) directs the court to treat evidence of spousal abuse or child abuse as contrary to the children's best interest. If the court finds that family violence has occurred, it must make visitation arrangements that best protect the children and the abused spouse from further harm. Separately, a court may consider visitation for a parent required to register as a sex offender under Wyoming law. In that case, 20-2-202(b) creates a rebuttable presumption that unsupervised visitation with that parent is not in the child's best interest.

Access to records, parenting classes, and service members

Unless the court orders otherwise, 20-2-201(e) gives the noncustodial parent the same right of access as the custodial parent to records relating to the child. This includes school records, activities, teacher conferences, and medical, dental, and mental health records. Under 20-2-201(f), the court can require parents to attend appropriate parenting classes at any time, including classes meant to lessen the effects of divorce on children. Wyoming law also requires the court to follow specific statutory protections under 20-2-205 whenever custody or visitation involves a service member.

Visitation and modifying an order

Wyo. Stat. 20-2-202 directs the court to order visitation in enough detail to promote understanding and compliance, and to address who pays transportation costs for visitation. A parent planning to move to a different home city or state generally must give written notice at least 30 days before the move. That notice goes to both the other parent and the clerk of district court. Address information can stay confidential when a domestic-abuse-related confidentiality order applies. Wyoming's self-help court forms include a full custody and child support modification packet. This reflects that an existing Wyoming custody order can be modified through a district court petition process.