Child custody in Wyoming

What the law tells the judge to look at

In the order the law lists them.

1. The quality of the relationship your child has with each parent.Wyo. Stat. § 20-2-201(a)(i)
2. Each parent's ability to give the child good care during that parent's time, including arranging care by others when needed.Wyo. Stat. § 20-2-201(a)(ii)
3. How competent and fit each parent is, compared with the other.Wyo. Stat. § 20-2-201(a)(iii)
4. Each parent's willingness to accept all parenting duties, including taking the child at set times and giving the child to the other parent at set times.Wyo. Stat. § 20-2-201(a)(iv)
5. How the parents and child can best keep and strengthen their relationships with each other.Wyo. Stat. § 20-2-201(a)(v)
6. How the parents and child get along and communicate, and how that could get better.Wyo. Stat. § 20-2-201(a)(vi)
7. Each parent's ability and willingness to let the other parent provide care without interfering, and to respect the other parent's rights, including privacy.Wyo. Stat. § 20-2-201(a)(vii)
8. How far apart the parents live.Wyo. Stat. § 20-2-201(a)(viii)
9. Each parent's current physical and mental ability to care for the child.Wyo. Stat. § 20-2-201(a)(ix)
10. Whether either parent has a conviction that requires registering as a sex offender.Wyo. Stat. § 20-2-201(a)(x)
11. Any other factor the judge finds necessary and relevant.Wyo. Stat. § 20-2-201(a)(xi)

Other things the judge considers

• The judge must treat spousal abuse or child abuse as against the child's best interest. If there was family violence, visitation must be set up to best protect the children and the abused parent.Wyo. Stat. § 20-2-201(c)
• The law presumes that unsupervised visitation with a parent who must register as a sex offender is not in the child's best interest.Wyo. Stat. § 20-2-202(b)
• Special rules apply when a parent is in the military (deployment cannot by itself be a reason for a permanent change).Wyo. Stat. §§ 20-2-201(g), 20-2-205

What the judge may not consider

The judge cannot prefer one parent as custodian just because of gender (Wyo. Stat. § 20-2-201(b)).

Joint custody

No presumption. The judge must not favor or disfavor any form of custody. Custody is designed for the child's best interest and can be any mix of joint, shared, or sole custody.

Domestic violence

The judge must treat spousal abuse or child abuse as against the child's best interest. If the judge finds family violence happened, the judge must set up visitation in the way that best protects the children and the abused parent from more harm. There is no specific presumption against custody for an abusive parent in the custody statute.

Who has custody before a court order

Wyoming statutes do not say who has custody of a child of unmarried parents before a court order.

Establishing paternity

How

If you were not married when the child was conceived or born, both parents sign an Affidavit Acknowledging Paternity and file it with Wyoming Vital Statistics Services. Before signing, you must read the whole form or get the oral notice by calling (888) 570-9906. If the mother is married to someone else, her husband must also sign an Affidavit Denying Paternity. There is no fee to file. A correctly completed affidavit has the same effect as a court order. A signer can cancel it only by starting a court case within 60 days, or before the first court hearing about the child if that comes sooner. After that, it can be challenged only for fraud, duress, or a material mistake of fact, within 2 years. The court forms to set custody for never-married parents are for parents who are both on the birth certificate; if paternity is not set, the court tells you to contact your local child support office.

Form

Affidavit Acknowledging Paternity (and Affidavit Denying Paternity for a presumed father)

Cancellation form

No form: a signer rescinds by starting a court proceeding (Wyo. Stat. § 14-2-607); after that a court order is needed

Agency

Wyoming Department of Health, Vital Statistics Services
https://health.wyo.gov/admin/vitalstatistics/establishing-paternity/
(888) 570-9906 (oral notice line)

Changing an order

Either parent can file a petition to modify. The judge can change a custody or visitation order if a parent shows a material change in circumstances since the order and that the change would be in the child's best interest. Proof that the custodial parent has repeatedly and unreasonably refused court-ordered visitation can count as a material change. A parent's military deployment, by itself, is not a material change.

Law: Wyo. Stat. §§ 20-2-204(a), (c), 20-2-205(a)(iv)

If the other parent does not follow the order

Either parent can petition to enforce a custody or visitation order. If a parent willfully violated the order, the judge can order that parent to appear and show cause why they should not be held in contempt. The judge can find the parent in contempt, order attorney fees and costs, and give other relief needed. Repeated, unreasonable denial of visitation can also support a request to change custody. The court has an Order to Show Cause forms packet.

Law: Wyo. Stat. § 20-2-204(a)-(c)

Grandparent visitation

Yes. A grandparent or great-grandparent can file a case against the person who has custody to ask for reasonable visitation. The judge grants it after a hearing if visitation is in the child's best interest and the parents' rights are not substantially impaired. The grandparent pays any guardian ad litem costs. No case is allowed if the child was adopted and neither adoptive parent is a blood relative. The person with custody can ask the court to change or end the visitation for good cause.

Custody by someone who is not a parent

There is no general third-party custody statute. A person (not a blood relative) who was the child's primary caregiver for at least 6 of the last 18 months can ask for reasonable visitation under the same standard as grandparents. A relative may also ask for guardianship of a minor (court forms are available).

Custody and visitation in the order

Yes. When it is in the children's best interest, the judge must give the petitioner temporary custody as part of the order. Visitation with the other parent is allowed only if the children and petitioner can be kept safe, for example with exchanges in a protected place, supervised visits, no alcohol or drugs, no overnights, or a bond. The judge can also order child support and keep your address confidential. There is no filing fee; file with the circuit court clerk. If no ex parte order is issued, a hearing is held within 72 hours or as soon as possible.

Military parents

If a parent with custody or visitation is deployed or sent on temporary duty, the order can only be changed temporarily, the new order must say it is temporary and based on military service, and the deployment alone cannot be the reason for a permanent change later. The judge may let a deployed parent's visitation be used by a family member.

Law: Wyo. Stat. § 20-2-205

Preventing abduction

Form: Child Abduction Prevention (CAP) packet, including Petition for CAP Order (CAP 02)

Law: Wyo. Stat. §§ 20-8-101 et seq. (Uniform Child Abduction Prevention Act)