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Child Custody and Visitation

Common Questions About Child Custody and Visitation

If parents are seeking a divorce, the issue of custody will be decided as part of the divorce. If there is no marriage relationship between the parties, the issue of custody may be brought before the Court as a paternity or parentage action. Either way, parents have to make plans for where their children will live and how much time they will spend with each parent. These are called custody and visitation arrangements and they are included in the Decree of Divorce or Order Establishing Child Custody and Visitation entered by the judge. Click here for an overview of child custody.

Some people decide not to get a custody order because they don’t want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent.

A custody order can give you:
The right to make decisions about your child (legal custody)
The right to physical custody of your child (to have your child live with you)

If you decide not to get a custody order, then you and the other parent may be considered to have equal rights to the child. The only way to change the equal right to make decisions about your child and to have your child live with you is by filing for custody of your child with the court.

While there are many benefits to having a custody order, you may be able to get a child support order without having to get a custody order first.

(Information from Womenslaw.org)

Married parents have equal rights to have custody of the child unless a court has ordered otherwise. It is always better if parents can agree to custody and visitation issues but if there is no court order, you won’t be able to enforce any agreement you may have with the other parent.

If the parents aren’t married and paternity has not been established, the mother is considered to have custody and the father will have no custody or visitation rights. If paternity has been established by signatures on a birth certificate affidavit or when the court has entered a child support order (often handled by Child Support Enforcement Services), custody might have been granted by the law to the parent who is the child’s physical caretaker, even though no court order says so. If paternity has been established and there is no law or court order giving one parent custody, both parents may be considered to have equal rights to custody.

If you have filed for a divorce and reached even a temporary agreement with the other parent about custody and visitation, it is a good idea to have the judge approve the agreement and make it a court order.

Yes, but it is a good idea to get a lawyer. If the other parent has a lawyer, you probably will need one.

The parents make their own plan;
The parents use a mediator to help them make a plan; or
The judge decides.

Courts prefer parents make their own child custody and visitation plan. Divorce can affect children differently and when the parents are able to work together, it will often lessen any negative impacts on the children from the divorce.  Click here for more information.

You and the other parent may choose, or the judge might order both of you to participate in family law mediation. In general, mediation means one or more private counseling sessions in which a trained person tries to help you and your spouse reach an agreement about your children. A separate mediation orientation is sometimes required as a first step and is where the mediation process is explained.

When mediation is required, a waiver of the requirement can be requested if there is a good reason such as domestic violence. You also can talk to the mediator about abuse. Mediators should take the domestic abuse into account when deciding whether and how to mediate a case.

Whenever a court makes a child custody determination, it must weigh whether its decision will be in the “best interests” of the child. Although there is no one definition of “best interests of the child,” the term generally refers to the thought that courts undertake when deciding what type of custody and visitation order will best serve a child as well as who is best suited to take care of a child. Courts will consider a number of factors about the child and the child’s caregivers, with safety and the overall welfare of the child being priorities. Some factors the court considers in determining the best interests of a child are listed below.

In determining the best interests of the child, the judge considers many things, including the following 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 for each child at specified times and to relinquish care to the other parent at specified times;
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, respect the other parent’s rights and responsibilities, including the right to privacy;
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.

Not any one of the above factors will necessarily determine the best interest of the child.

In Wyoming, courts determine custody on the basis of what’s in the children’s best interests and the court does not award custody to one parent over the other based solely on their gender.

Yes, the court should consider evidence of domestic violence or child abuse when determining a child’s best interest and a custody and visitation plan that will best protect the child from harm.

If you are a victim of domestic violence, please see the domestic violence section under “Protection from Abuse” or visit the Wyoming Coalition Against Domestic Abuse and Sexual Assault website for information on resources available in your community.

Supervised Visitation Programs: Information for Mothers Who Have Experienced Abuse (PDF). Information about supervised visitation programs for mothers who are afraid of their children’s father or were abused by him.

By Family Violence Prevention Fund

Custody may include any combination of joint, split or sole custody, though when custody is not agreed to by the parents, it is highly unlikely a court will order joint or shared custody in Wyoming as the courts recognize that such an arrangement requires the parties to work together. Gurney v. Gurney, 899 P.2d 52 (Wyo. 1995).

Physical custody: Some refer to physical custody or residential custody as belonging to the parent with whom the children live for most of the time.

Legal custody: If a parent is given legal custody that generally means that is the parent who makes the important decisions about things like schools and medical care. It is best when parents can work together. If the parents can get along, both parents can share legal custody.

There are three main ways custody can be set up:

1. Sole, physical or primary custody
One parent gets physical custody of the children. The other parent gets visitation rights. The parent who does not have physical custody sees the children on a schedule made by the parents (if they can agree) or by the judge (if the parents cannot agree). This is the arrangement in most cases.

Supervised visitation: If there is a reason, the court may order another adult be around during these visits to keep the children safe.

2. Joint or shared custody, this may work in one of two ways:

Both parents share physical and legal custody. The children spend a substantial amount of time with each parent overnight and each parent has an equal say in making decisions about the children. Both parents must be able to cooperate for joint custody to work. If joint custody does not work, the court can change the arrangement and award primary or physical custody to one parent; or

Both parents get legal custody but only one parent gets physical or primary custody. The other parent gets visitation rights. This is also very common.

3. Split Custody

If there is more than one child, each parent gets custody of at least one child; one or more children live with one parent and one or more children live with the other parent. The burden for proving that such an arrangement is in the children’s best interests is on the parents.

Visitation is ordered depending on the type of custody order that the court issues. The court may order visitation when it finds it in the best interests of the child. Visitation orders must be very detailed in order to help understanding and compliance.

This varies and the court has a lot of discretion about how to order that costs of transportation be paid. The court may order that the parents share the costs of transportation or may order one parent to pick up the majority of the expense.

If this is the first time you have been to court for child custody issues, then a Wyoming court can decide your child custody case only if your children have lived in Wyoming for 6 months or if it has emergency jurisdiction. This is called the “home state rule” and there may be some exceptions.

If paternity has already been established (see more information in the Paternity section), you can file a lawsuit to get a court order that will establish custody as well as visitation and child support.

In some cases, you may want to ask for a temporary order that gives you custody until a final order is entered.

If you are afraid of the other parent because of physical abuse or threats of physical abuse against you or your child, you might be able to get temporary custody as part of a Domestic Violence Protection Order.

In custody or protection order cases, the court can make custody decisions only if your children have lived in Wyoming for 6 months or if it has emergency jurisdiction.

Wyoming courts may decline to hear custody cases if a parent has wrongfully taken the child from another state.

In Wyoming, courts are reluctant to order joint physical custody unless both parents agree to it and they appear to be sufficiently able to communicate and cooperate with each other.

In some cases, a guardian ad litem (GAL) may be appointed to represent the child’s interests which generally means defending and promoting an environment that best encourages and protects the child’s physical, emotional and social growth. As protector of the best interests of the child the responsibilities and duties assigned to the guardian ad litem can vary according to each child. The court should specify the terms of appointment, including the guardian’s role, duties and scope of authority.

Yes, the court can require either parent or both parents to attend parenting classes. These classes may include, but are not limited to, classes that teach parents how to lessen the effects of divorce on the children. Some courts have their own orders listing the names of individuals or agencies that conduct parenting classes in your community. Both parents are generally required to attend classes when they are ordered.

You can file a Motion for an Order to Show Cause to make the parent who is not allowing the visitation explain to the court the reasons for not doing so. A court may find that parent in contempt of court if it is found that he or she willfully disregarded the court’s order on visitation. In Wyoming, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other parent in violation of an order may be considered as evidence of a material change of circumstances sufficient to modify custody.

The court may require either parent who plans to move to another city or state of residence, to give written notice to the other parent and to the court thirty (30) days prior to their move. This is because there may be other issues surrounding the relocation of a parent, including the necessity of modifying the terms of visitation.

You can file a Motion for an Order to Show Cause to make the parent who is not returning the child as required explain to the court the reasons for not doing so. A court may find that parent in contempt of court if it is found that he or she willfully disregarded the court’s order on visitation. In Wyoming, proof of repeated, unreasonable failure by a parent to return a child in violation of an order may be considered as evidence of a material change of circumstances sufficient to modify custody.

You can find forms to file a Motion for an Order to Show Cause in the Self-Help Forms section of this website. Click on Family Law and then select Packet 9: Order to Show Cause (Contempt of Court) Forms.

Yes. Custody may be modified by either parent if the parent can prove that there has been a substantial and material change in circumstances that requires modification, and that the modification would be in the best interest of the child. If a custody order from another state is involved, please see the information below on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines when State courts can make and modify or change “child-custody determinations,” which includes custody and visitation orders. The UCCJEA does not apply to child support cases.

If a custody order was entered in another State, that State has what is called exclusive, continuing jurisdiction to modify. This means no other State may modify the custody order from another State—even if the child moves and establishes a new home State unless the original state loses jurisdiction or declines to exercise it. This usually happens when the noncustodial parent stays in the original state and the custodial parent and child move away. Interstate child custody jurisdiction rules are complicated. If you have questions, it is recommended that you contact a lawyer for more information.

Maybe.  The Wyoming Supreme Court has said that when the parent with custody moves, and the moves changes things, like making it harder for the other parent to see the kids, that can be a a material change.  If the court decides the move is a big enough change, then the court looks at what is best for the kids when deciding if the custody order should be changed.  This comes from a case called Arnott v. Arnott, 293 P.3d 440 (Wyo. 2012).

The other parent usually gets custody if you die. However, if another person files for guardianship of your child after your death, the judge may consider your wishes, which are usually recorded in a Will. You can speak to a lawyer about the best way state your wishes about custody.

A court may grant visitation rights to grandparents if it finds that visitation would be in the best interest of the child, and the rights of the child’s parents are not substantially impaired.

In Wyoming, stepparents are not responsible nor do they generally have any rights for their stepchildren following a divorce, unless they have formally adopted those children.

Temporary military duty may affect custody modification in certain circumstances. For more information you can also look at Wyoming Statute 20-2-205.

If you have a child custody or visitation issue that is complicated, you may need the help of an attorney.  Click here for help finding a lawyer.

If you have a child support order that doesn’t set out custody and visitation, you can file a petition to establish custody and visitation.

For more information, see the forms and instructions on the Self-Help Forms section of this website under the Family Law Forms.

Termination of parental rights can happen through an abuse or neglect case brought by the state or through a case brought by the other parent or another party. Terminating a parent’s parental rights is a serious matter. Termination of parental rights is a court order that permanently ends the legal parent-child relationship. This means the parent loses all rights to the child.

Termination of parental rights is complicated. There are no do-it-yourself forms and an attorney is likely needed. Click here for help finding a lawyer.

Forms About Child Custody and Visitation

Child Custody Handout

ECVSR 0 CS. Establishment of Custody, Visitation, and Child Support Cover Sheet – Respondent

ECVSR 0 CS. Establishment of Custody, Visitation, and Child Support Cover Sheet – Respondent

ECVSR 1. List of Forms – Respondent

ECVSR 1. List of Forms – Respondent

ECVSR 2. Overview – Respondent

ECVSR 2. Overview – Respondent

ECVSR 3. Establishment of Custody, Visitation, and Child Support Information and Instructions

ECVSR 3. Establishment of Custody, Visitation, and Child Support Information and Instructions

ECVSR 4. Checklist for Respondent

ECVSR 4. Checklist for Respondent

ECVSR 5. Response to Petition to Establish Custody, Visitation, and Child Support

ECVSR 5. Response to Petition to Establish Custody, Visitation, and Child Support

ECVSR 6. Response and Counterclaim to Petition to Establish Custody, Visitation, and Child Support

ECVSR 6. Response and Counterclaim to Petition to Establish Custody, Visitation, and Child Support

ECVSR 7. Initial Disclosures

ECVSR 7. Initial Disclosures

ECVSR 8. Confidential Financial Affidavit

ECVSR 8. Confidential Financial Affidavit

ECVSR 9. Request for Setting

ECVSR 9. Request for Setting

ECVSR 10. Order Setting Trial and Requiring Pretrial Statements

ECVSR 10. Order Setting Trial and Requiring Pretrial Statements

ECVSR 11. Pretrial Disclosures

ECVSR 11. Pretrial Disclosures

Entire version of Establishment of Custody, Visitation and Child Support – Respondent Pro Se Packet

Entire version of Establishment of Custody, Visitation and Child Support – Respondent Pro Se Packet

ECVSP 8. Confidential Statement of Parties for Child Support Order

ECVSP 8. Confidential Statement of Parties for Child Support Order

ECVSP 9. Acknowledgement and Acceptance of Service

ECVSP 9. Acknowledgement and Acceptance of Service

ECVSP 10. Initial Disclosures

ECVSP 10. Initial Disclosures

ECVSP 11. Confidential Financial Affidavit

ECVSP 11. Confidential Financial Affidavit

ECVSP 12. Affidavit of Imputed Income

ECVSP 12. Affidavit of Imputed Income

ECVSP 13. Child Support Computation Form & Net Income Calculation

ECVSP 13. Child Support Computation Form & Net Income Calculation

ECVSP 14. Reply to Counterclaim

ECVSP 14. Reply to Counterclaim

ECVSP 15. Application for Entry of Default

ECVSP 15. Application for Entry of Default

ECVSP 16. Affidavit of Plantiff in Support of Default

ECVSP 16. Affidavit of Plantiff in Support of Default

ECVSP 17. Entry of Default

ECVSP 17. Entry of Default

ECVSP 18. Affidavit for Establishment of Custody, Visitation, and Child Support Without Appearance of Parties

ECVSP 18. Affidavit for Establishment of Custody, Visitation, and Child Support Without Appearance of Parties

ECVSP 19. Request for Setting

ECVSP 19. Request for Setting

ECVSP 20. Order Setting Hearing

ECVSP 20. Order Setting Hearing

ECVSP 21. Order Setting Trial and Requiring Pretrial Statements

ECVSP 21. Order Setting Trial and Requiring Pretrial Statements

ECVSP 22. Pretrial Disclosures

ECVSP 22. Pretrial Disclosures

ECVSP 23. Order Establishing Custody, Visitation, and Child Support

ECVSP 23. Order Establishing Custody, Visitation, and Child Support

ECVSP 24. Order for Income Withholding

ECVSP 24. Order for Income Withholding

ECVSP 25. Income Withholding for Support

ECVSP 26. List of Addresses for the Clerk of District Court offices

ECVSP 26. List of Addresses for the Clerk of District Court offices

Entire version of Establishment of Custody, Visitation, and Child Support – Petitioner Pro Se Packet

Misc 5. Affidavit Following Service by Publication

Misc 5. Affidavit Following Service by Publication

Misc 6. Affidavit to Allow Service by Registered or Certified Mail

Misc 6. Affidavit to Allow Service by Registered or Certified Mail

Misc 7. Affidavit of Indigency & Request for Waiver of Fees

Misc 7. Affidavit of Indigency & Request for Waiver of Fees

Misc 8. Order on Indigency – Waiver of Fees

Misc 8. Order on Indigency – Waiver of Fees

Misc 9. Motion

Misc 9. Motion

Misc 10. Response to Motion

Misc 10. Response to Motion

Misc 11. Order on Motion

Misc 11. Order on Motion

Misc 12. Order Requiring Completion of Financial Affidavits

Misc 12. Order Requiring Completion of Financial Affidavits

Misc 13. Motion to Dismiss Action

Misc 13. Motion to Dismiss Action

Misc 14. Order of Dismissal

Misc 14. Order of Dismissal

Misc 15. Notice of Change of Employment or Insurance

Misc 15. Notice of Change of Employment or Insurance

Entire version of Miscellaneous Forms Pro se Packet

ECVSP 0 CS. Establishment of Custody, Visitation, and Child Support Cover Sheet – Petitioner

ECVSP 0 CS. Establishment of Custody, Visitation, and Child Support Cover Sheet – Petitioner

ECVSP 1. List of Forms – Petitioner

ECVSP 1. List of Forms – Petitioner

ECVSP 2. Overview – Petitioner

ECVSP 2. Overview – Petitioner

ECVSP 3. Establishment of Custody, Visitation, and Child Support Information and Instructions

ECVSP 3. Establishment of Custody, Visitation, and Child Support Information and Instructions

ECVSP 4. Checklist for Petitioner

ECVSP 4. Checklist for Petitioner

ECVSP 5. Civil Cover Sheet

ECVSP 5. Civil Cover Sheet

ECVSP 6. Petition to Establish Custody, Visitation, and Child Support

ECVSP 6. Petition to Establish Custody, Visitation, and Child Support

ECVSP 7. Summons

ECVSP 7. Summons

CCMR 6. Initial Disclosures

CCMR 6. Initial Disclosures

CCMR 7. Confidential Financial Affidavit

CCMR 7. Confidential Financial Affidavit

CCMR 8. Request for Setting

CCMR 8. Request for Setting

CCMR 9. Order Setting Modification Trial and Requiring Pretrial Statements

CCMR 9. Order Setting Modification Trial and Requiring Pretrial Statements

CCMR 10. Pretrial Disclosures

CCMR 10. Pretrial Disclosures

Entire version of Custody & Child Support Modification Respondent Packet

Entire version of Custody & Child Support Modification Respondent Packet

OSC 0. Order to Show Cause (Contempt of Court) Cover Sheet

OSC 0. Order to Show Cause (Contempt of Court) Cover Sheet

OSC 1. List of Order to Show Cause Forms

OSC 1. List of Order to Show Cause Forms

OSC 2. Instructions

OSC 2. Instructions

OSC 3. Checklist

OSC 3. Checklist

OSC 4. Motion for Order to Show Cause

OSC 4. Motion for Order to Show Cause

OSC 5. Affidavit in Support of Order to Show Cause

OSC 5. Affidavit in Support of Order to Show Cause

OSC 6. Order to Show Cause

OSC 6. Order to Show Cause

OSC 7. Order of Dismissal

OSC 7. Order of Dismissal

Entire version of Order to Show Cause Pro se Packet

Entire version of Order to Show Cause Pro se Packet

Misc 0 CS. Miscellaneous Forms Cover Sheet

Misc 0 CS. Miscellaneous Forms Cover Sheet

Misc 1. List of Miscellaneous Forms

Misc 1. List of Miscellaneous Forms

Misc 2. Instructions

Misc 2. Instructions

Misc 3. Affidavit to Allow Service by Publication

Misc 3. Affidavit to Allow Service by Publication

Misc 4. Notice of Publication

Misc 4. Notice of Publication

CCMP 12. Reply to Counterclaim

CCMP 12. Reply to Counterclaim

CCMP 13. Application for Entry of Default

CCMP 13. Application for Entry of Default

CCMP 14. Affidavit of Petitioner in Support of Default

CCMP 14. Affidavit of Petitioner in Support of Default

CCMP 15. Entry of Default

CCMP 15. Entry of Default

CCMP 16. Affidavit for Modification of Custody and Support Without Appearance of Parties

CCMP 16. Affidavit for Modification of Custody and Support Without Appearance of Parties

CCMP 17. Request for Setting

CCMP 17. Request for Setting

CCMP 18. Order Setting Hearing

CCMP 18. Order Setting Hearing

CCMP 19. Order Setting Modification Trial and Requiring Pretrial Statements

CCMP 19. Order Setting Modification Trial and Requiring Pretrial Statements

CCMP 20. Pretrial Disclosures

CCMP 20. Pretrial Disclosures

CCMP 21. Order Modifying Custody and Support

CCMP 21. Order Modifying Custody and Support

CCMP 22. Order for Income Withholding

CCMP 22. Order for Income Withholding

CCMP 23. Income Withholding for Support

CCMP 24. List of Addresses for the Clerk of District Court offices

CCMP 24. List of Addresses for the Clerk of District Court offices

Entire version of Custody and Child Support Modification Petitioner Packet

CCMR 0 CS. Modification of Custody and Child Support Cover Sheet – Respondent

CCMR 0 CS. Modification of Custody and Child Support Cover Sheet – Respondent

CCMR 1. List of Forms

CCMR 1. List of Forms

CCMR 2. Custody and Child Support Modification Information and Instructions

CCMR 2. Custody and Child Support Modification Information and Instructions

CCMR 3. Checklist for Respondent

CCMR 3. Checklist for Respondent

CCMR 4. Response to Petition to Modify Custody and Support

CCMR 4. Response to Petition to Modify Custody and Support

CCMR 5. Response and Counterclaim

CCMR 5. Response and Counterclaim

CCMP 0 CS. Modification of Custody and Child Support Cover Sheet – Petitioner

CCMP 0 CS. Modification of Custody and Child Support Cover Sheet – Petitioner

CCMP 1. List of Forms

CCMP 1. List of Forms

CCMP 2. Custody and Child Support Modification Information and Instructions

CCMP 2. Custody and Child Support Modification Information and Instructions

CCMP 3. Checklist for Petitioner

CCMP 3. Checklist for Petitioner

CCMP 4. Petition to Modify Custody and Support

CCMP 4. Petition to Modify Custody and Support

CCMP 5. Summons

CCMP 5. Summons

CCMP 6. Confidential Statement of Parties for Child Support Order

CCMP 6. Confidential Statement of Parties for Child Support Order

CCMP 7. Acknowledgement and Acceptance of Service

CCMP 7. Acknowledgement and Acceptance of Service

CCMP 8. Initial Disclosures

CCMP 8. Initial Disclosures

CCMP 9. Confidential Financial Affidavit

CCMP 9. Confidential Financial Affidavit

CCMP 10. Affidavit of Imputed Income

CCMP 10. Affidavit of Imputed Income

CCMP 11. Child Support Computation Form & Net Income Calculation

CCMP 11. Child Support Computation Form & Net Income Calculation

Packet 7. Custody and Child Support Modification – Petitioner

Packet 8. Custody and Child Support Modification – Respondent

Packet 9. Order to Show Cause (Contempt of Court)

Packet 10. Miscellaneous Forms

Packet 11. Establishment of Custody, Visitation and Child Support — Petitioner

Packet 12. Establishment of Custody, Visitation and Child Support – Respondent

Resources About Child Custody and Visitation

Resources

Wyoming Child Custody Overview
This handout provides an overview of Wyoming divorce procedures.

Divorce and Family Law Glossary
Definitions for legal terms frequently used in family law type cases. From FindLaw.com.

Wyoming Statutes and Court Rules
Title 20 Domestic Relations
Wyoming Rules of Civil Procedure

Your local county library has print versions of Wyoming statutes and rules. The print set includes references to additional relevant Wyoming materials which you may find useful.

Common Questions About Child Custody and Visitation

Custody and Visitation

If parents are seeking a divorce, the issue of custody will be decided as part of the divorce. If there is no marriage relationship between the parties, the issue of custody may be brought before the Court as a paternity or parentage action. Either way, parents have to make plans for where their children will live and how much time they will spend with each parent. These are called custody and visitation arrangements and they are included in the Decree of Divorce or Order Establishing Child Custody and Visitation entered by the judge. Click here for an overview of child custody.

What are some benefits of getting a custody order?

Some people decide not to get a custody order because they don’t want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent.

A custody order can give you:
The right to make decisions about your child (legal custody)
The right to physical custody of your child (to have your child live with you)

If you decide not to get a custody order, then you and the other parent may be considered to have equal rights to the child. The only way to change the equal right to make decisions about your child and to have your child live with you is by filing for custody of your child with the court.

While there are many benefits to having a custody order, you may be able to get a child support order without having to get a custody order first.

(Information from Womenslaw.org)

Without a custody order, what rights do I have?

Married parents have equal rights to have custody of the child unless a court has ordered otherwise. It is always better if parents can agree to custody and visitation issues but if there is no court order, you won’t be able to enforce any agreement you may have with the other parent.

If the parents aren’t married and paternity has not been established, the mother is considered to have custody and the father will have no custody or visitation rights. If paternity has been established by signatures on a birth certificate affidavit or when the court has entered a child support order (often handled by Child Support Enforcement Services), custody might have been granted by the law to the parent who is the child’s physical caretaker, even though no court order says so. If paternity has been established and there is no law or court order giving one parent custody, both parents may be considered to have equal rights to custody.

If you have filed for a divorce and reached even a temporary agreement with the other parent about custody and visitation, it is a good idea to have the judge approve the agreement and make it a court order.

Can I represent myself in a custody dispute?

Yes, but it is a good idea to get a lawyer. If the other parent has a lawyer, you probably will need one.

How is custody (the legal responsibility for caring for a child) decided?

The parents make their own plan;
The parents use a mediator to help them make a plan; or
The judge decides.

Courts prefer parents make their own child custody and visitation plan. Divorce can affect children differently and when the parents are able to work together, it will often lessen any negative impacts on the children from the divorce.  Click here for more information.

You and the other parent may choose, or the judge might order both of you to participate in family law mediation. In general, mediation means one or more private counseling sessions in which a trained person tries to help you and your spouse reach an agreement about your children. A separate mediation orientation is sometimes required as a first step and is where the mediation process is explained.

When mediation is required, a waiver of the requirement can be requested if there is a good reason such as domestic violence. You also can talk to the mediator about abuse. Mediators should take the domestic abuse into account when deciding whether and how to mediate a case.

What factors does the judge consider when deciding child custody?

Whenever a court makes a child custody determination, it must weigh whether its decision will be in the “best interests” of the child. Although there is no one definition of “best interests of the child,” the term generally refers to the thought that courts undertake when deciding what type of custody and visitation order will best serve a child as well as who is best suited to take care of a child. Courts will consider a number of factors about the child and the child’s caregivers, with safety and the overall welfare of the child being priorities. Some factors the court considers in determining the best interests of a child are listed below.

In determining the best interests of the child, the judge considers many things, including the following 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 for each child at specified times and to relinquish care to the other parent at specified times;
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, respect the other parent’s rights and responsibilities, including the right to privacy;
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.

Not any one of the above factors will necessarily determine the best interest of the child.

Does the gender of the parent matter in custody cases?

In Wyoming, courts determine custody on the basis of what’s in the children’s best interests and the court does not award custody to one parent over the other based solely on their gender.

Can the court consider evidence of domestic violence and child abuse when determining the best interest of a child?

Yes, the court should consider evidence of domestic violence or child abuse when determining a child’s best interest and a custody and visitation plan that will best protect the child from harm.

If you are a victim of domestic violence, please see the domestic violence section under “Protection from Abuse” or visit the Wyoming Coalition Against Domestic Abuse and Sexual Assault website for information on resources available in your community.

Supervised Visitation Programs: Information for Mothers Who Have Experienced Abuse (PDF). Information about supervised visitation programs for mothers who are afraid of their children’s father or were abused by him.

By Family Violence Prevention Fund

What types of custody are there in Wyoming?

Custody may include any combination of joint, split or sole custody, though when custody is not agreed to by the parents, it is highly unlikely a court will order joint or shared custody in Wyoming as the courts recognize that such an arrangement requires the parties to work together. Gurney v. Gurney, 899 P.2d 52 (Wyo. 1995).

Physical custody: Some refer to physical custody or residential custody as belonging to the parent with whom the children live for most of the time.

Legal custody: If a parent is given legal custody that generally means that is the parent who makes the important decisions about things like schools and medical care. It is best when parents can work together. If the parents can get along, both parents can share legal custody.

How can custody be set up?

There are three main ways custody can be set up:

1. Sole, physical or primary custody
One parent gets physical custody of the children. The other parent gets visitation rights. The parent who does not have physical custody sees the children on a schedule made by the parents (if they can agree) or by the judge (if the parents cannot agree). This is the arrangement in most cases.

Supervised visitation: If there is a reason, the court may order another adult be around during these visits to keep the children safe.

2. Joint or shared custody, this may work in one of two ways:

Both parents share physical and legal custody. The children spend a substantial amount of time with each parent overnight and each parent has an equal say in making decisions about the children. Both parents must be able to cooperate for joint custody to work. If joint custody does not work, the court can change the arrangement and award primary or physical custody to one parent; or

Both parents get legal custody but only one parent gets physical or primary custody. The other parent gets visitation rights. This is also very common.

3. Split Custody

If there is more than one child, each parent gets custody of at least one child; one or more children live with one parent and one or more children live with the other parent. The burden for proving that such an arrangement is in the children’s best interests is on the parents.

When is visitation ordered?

Visitation is ordered depending on the type of custody order that the court issues. The court may order visitation when it finds it in the best interests of the child. Visitation orders must be very detailed in order to help understanding and compliance.

Who pays for transportation to and from visitation?

This varies and the court has a lot of discretion about how to order that costs of transportation be paid. The court may order that the parents share the costs of transportation or may order one parent to pick up the majority of the expense.

How do I know if a Wyoming court can decide my child custody case?

If this is the first time you have been to court for child custody issues, then a Wyoming court can decide your child custody case only if your children have lived in Wyoming for 6 months or if it has emergency jurisdiction. This is called the “home state rule” and there may be some exceptions.

If I am not married to the other parent of my child, how can I get a court to give me custody of my child?

If paternity has already been established (see more information in the Paternity section), you can file a lawsuit to get a court order that will establish custody as well as visitation and child support.

In some cases, you may want to ask for a temporary order that gives you custody until a final order is entered.

If you are afraid of the other parent because of physical abuse or threats of physical abuse against you or your child, you might be able to get temporary custody as part of a Domestic Violence Protection Order.

In custody or protection order cases, the court can make custody decisions only if your children have lived in Wyoming for 6 months or if it has emergency jurisdiction.

When will Wyoming decline hearing a child custody case?

Wyoming courts may decline to hear custody cases if a parent has wrongfully taken the child from another state.

What if my spouse and I can't agree about custody of our children?

In Wyoming, courts are reluctant to order joint physical custody unless both parents agree to it and they appear to be sufficiently able to communicate and cooperate with each other.

What is a Guardian ad Litem? Why is a person appointed to represent the best interest of a child?

In some cases, a guardian ad litem (GAL) may be appointed to represent the child’s interests which generally means defending and promoting an environment that best encourages and protects the child’s physical, emotional and social growth. As protector of the best interests of the child the responsibilities and duties assigned to the guardian ad litem can vary according to each child. The court should specify the terms of appointment, including the guardian’s role, duties and scope of authority.

Can the court require parents to attend parenting classes?

Yes, the court can require either parent or both parents to attend parenting classes. These classes may include, but are not limited to, classes that teach parents how to lessen the effects of divorce on the children. Some courts have their own orders listing the names of individuals or agencies that conduct parenting classes in your community. Both parents are generally required to attend classes when they are ordered.

What happens if one parent doesn't allow the other parent to have court ordered visitation?

You can file a Motion for an Order to Show Cause to make the parent who is not allowing the visitation explain to the court the reasons for not doing so. A court may find that parent in contempt of court if it is found that he or she willfully disregarded the court’s order on visitation. In Wyoming, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other parent in violation of an order may be considered as evidence of a material change of circumstances sufficient to modify custody.

If I have legal custody, do I have to tell the other parent that I'm moving?

The court may require either parent who plans to move to another city or state of residence, to give written notice to the other parent and to the court thirty (30) days prior to their move. This is because there may be other issues surrounding the relocation of a parent, including the necessity of modifying the terms of visitation.

What if one parent won't return the child to the other parent after a visitation period ends or takes the child in violation of the court order?

You can file a Motion for an Order to Show Cause to make the parent who is not returning the child as required explain to the court the reasons for not doing so. A court may find that parent in contempt of court if it is found that he or she willfully disregarded the court’s order on visitation. In Wyoming, proof of repeated, unreasonable failure by a parent to return a child in violation of an order may be considered as evidence of a material change of circumstances sufficient to modify custody.

You can find forms to file a Motion for an Order to Show Cause in the Self-Help Forms section of this website. Click on Family Law and then select Packet 9: Order to Show Cause (Contempt of Court) Forms.

Can custody be modified or changed?

Yes. Custody may be modified by either parent if the parent can prove that there has been a substantial and material change in circumstances that requires modification, and that the modification would be in the best interest of the child. If a custody order from another state is involved, please see the information below on the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

What if child custody was already decided in another court?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines when State courts can make and modify or change “child-custody determinations,” which includes custody and visitation orders. The UCCJEA does not apply to child support cases.

If a custody order was entered in another State, that State has what is called exclusive, continuing jurisdiction to modify. This means no other State may modify the custody order from another State—even if the child moves and establishes a new home State unless the original state loses jurisdiction or declines to exercise it. This usually happens when the noncustodial parent stays in the original state and the custodial parent and child move away. Interstate child custody jurisdiction rules are complicated. If you have questions, it is recommended that you contact a lawyer for more information.

If the parent with custody moves to another city or state, is that a material change in circumstances?

Maybe.  The Wyoming Supreme Court has said that when the parent with custody moves, and the moves changes things, like making it harder for the other parent to see the kids, that can be a a material change.  If the court decides the move is a big enough change, then the court looks at what is best for the kids when deciding if the custody order should be changed.  This comes from a case called Arnott v. Arnott, 293 P.3d 440 (Wyo. 2012).

Can I do anything to prevent my child from going to the other parent when I die?

The other parent usually gets custody if you die. However, if another person files for guardianship of your child after your death, the judge may consider your wishes, which are usually recorded in a Will. You can speak to a lawyer about the best way state your wishes about custody.

What are the rights of grandparents?

A court may grant visitation rights to grandparents if it finds that visitation would be in the best interest of the child, and the rights of the child’s parents are not substantially impaired.

What are the rights of stepparents?

In Wyoming, stepparents are not responsible nor do they generally have any rights for their stepchildren following a divorce, unless they have formally adopted those children.

What is the effect of military duty/deployment in custody/visitation?

Temporary military duty may affect custody modification in certain circumstances. For more information you can also look at Wyoming Statute 20-2-205.

What if I have a complicated child custody issue? For example, the parents live in different states or countries.

If you have a child custody or visitation issue that is complicated, you may need the help of an attorney.  Click here for help finding a lawyer.

What if I have a child support order, but it doesn't say anything about custody or visitation?

If you have a child support order that doesn’t set out custody and visitation, you can file a petition to establish custody and visitation.

For more information, see the forms and instructions on the Self-Help Forms section of this website under the Family Law Forms.

What does it mean to terminate a parent's parental rights?

Termination of parental rights can happen through an abuse or neglect case brought by the state or through a case brought by the other parent or another party. Terminating a parent’s parental rights is a serious matter. Termination of parental rights is a court order that permanently ends the legal parent-child relationship. This means the parent loses all rights to the child.

Termination of parental rights is complicated. There are no do-it-yourself forms and an attorney is likely needed. Click here for help finding a lawyer.

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