Understanding Wyoming child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Wyoming recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Wyoming’s custody framework in clear terms.
Verified against Wyoming family law statutes as of May 2026.
In This Wyoming Custody Guide:
Types of Custody in Wyoming
Wyoming recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: YES. Effective July 1, 2025, Wyoming enacted Senate File 0117 (SF0117), creating a rebuttable presumption of shared custody (joint legal and joint physical custody with substantially equal parenting time) for all custody proceedings filed on or after July 1, 2025. The presumption can be overcome if: (1) a different custody form has been agreed to in writing and signed by both parties; (2) one or both parties has been adjudged guilty of a crime involving domestic violence against the other party; (3) one or both parties has been adjudged guilty of cruelty, abuse, neglect, or mistreatment of the children; (4) the parties reside more than 300 miles apart, making shared physical custody impractical; or (5) there is clear and convincing evidence that a different custody arrangement is in the best interests of the children. Prior to this law, Wyoming had no presumption favoring joint custody and courts were reluctant to order joint physical custody unless both parents agreed. Citation: Wyo. Stat. § 20-2-201 as amended by 2025 SF0117.
Wyoming Best Interest of the Child Standard
The best interests of the child standard is the primary framework Wyoming courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Wyoming courts evaluate these best interest factors when making custody decisions:
- Under Wyoming Statute § 20-2-201(a)
- courts must consider the following factors (non-exclusive list): (i) The quality of the relationship each child has with each parent; (ii) 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; (iii) The relative competency and fitness of each parent; (iv) 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; (v) How the parents and each child can best maintain and strengthen a relationship with each other; (vi) How the parents and each child interact and communicate with each other
- and how such interaction and communication may be improved; (vii) The ability and willingness of each parent to allow the other to provide care without intrusion
- and to respect the other parent’s rights and responsibilities
- including the right to privacy; (viii) Geographic distance between the parents’ residences; (ix) The current physical and mental ability of each parent to care for each child; (x) Any other factors the court deems necessary and relevant. The statute also provides that the court shall not prefer one parent as custodian solely because of gender. Evidence of spousal abuse or child abuse is automatically considered contrary to the best interest of the children.
Child’s preference: In Wyoming, a child’s custody preference may be considered when the child reaches No specific statutory age. Wyoming does not set a minimum age at which a child may express a custody preference. The court may consider the reasonable preference of a child who is deemed to be of sufficient intelligence, understanding, and experience to express a preference. The child’s maturity and judgment are evaluated on a case-by-case basis. A child’s preference is never the sole determining factor regardless of age.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Wyoming Parenting Plans
While Wyoming may not strictly require a formal parenting plan, courts strongly encourage parents to create one. A well-drafted parenting plan reduces future conflicts by addressing schedules, holidays, decision-making, and communication expectations.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Wyoming Custody Relocation Rules
Under Wyoming Statute § 20-2-202, either parent who plans to move to a different city or state of residence must give written notice to the other parent and to the clerk of the district court at least 30 days before the move, stating the date and destination. There is no specific statutory distance threshold that triggers the notice requirement — any move to a different city or state requires it. Under SF0117, if the parties no longer reside within 300 miles of each other, the shared custody presumption may be overcome because shared physical custody becomes impractical. Wyoming case law recognizes a strong presumption in favor of the custodial parent’s right to move, as long as the motives for moving are sincere and legitimate, but relocation must be approved by the court before it modifies the custody order.
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Notice requirement: The relocating parent must provide 30 days. Written notice must be given to both the other parent and the clerk of district court at least 30 days prior to the move (Wyo. Stat. § 20-2-202). days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Wyoming Custody Orders
Wyoming uses a two-part test for modifying custody orders: (1) the party seeking modification must demonstrate a material and substantial change in circumstances since the original order was entered, AND (2) the proposed modification must be in the best interests of the child. “Material and substantial” are words of degree requiring judicial discretion. Examples of qualifying changes include: parents not getting along in a joint custody situation, bankruptcy, increase/decrease in stability, health problems, job advancement or loss, remarriage (especially friction with stepparent), proof of repeated unreasonable failure to allow visitation, or relocation. Even if a material change is proven, the court must still independently assess best interests.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Wyoming Custody
Domestic violence: Wyoming Statute § 20-2-201 requires the court to consider evidence of spousal abuse or child abuse as being contrary to the best interest of the children. If the court finds that family violence has occurred, it must make arrangements for visitation that best protect the children and the abused spouse from further harm. Options include: granting only supervised visitation, restricting visitation conditions, or denying visitation to the abusive parent altogether. Under the 2025 shared custody presumption (SF0117), a court adjudication of domestic violence against the other party is a specific exception that overcomes the presumption of shared custody — the court is not required to enter a shared custody order if either party has been adjudged guilty of domestic violence.
Grandparent visitation: YES. Under Wyoming Statute § 20-7-101 (enacted 1991), a grandparent (including great-grandparents) may bring an original action to establish reasonable visitation rights with a minor grandchild. However, after the Wyoming Supreme Court’s 2022 decision in Ailport v. Ailport, grandparents must first prove by clear and convincing evidence that the parents are unfit to make visitation decisions OR that the parents’ visitation decisions are or will be harmful to the children. Only after meeting this threshold showing may the court determine what visitation is in the child’s best interests. No action may be brought if the grandchild has been adopted by non-relatives. The statute also provides that grandparent visitation shall not substantially impair the rights of the child’s parents.
Unmarried parents: In Wyoming, if the parents are not married and paternity has not been established, the mother is automatically considered to have sole custody. The father has no custody or visitation rights until paternity is legally established. Paternity can be established three ways: (1) both parents sign an Affidavit Acknowledging Paternity (available at the hospital at birth or through the Office of Vital Records); (2) the father registers with the Wyoming Putative Fathers Registry; or (3) a court order establishing paternity (via a parentage case). Once paternity is established, the father gains equal standing to seek custody and visitation. Courts commonly award joint legal custody to unmarried parents once paternity is confirmed. The shared custody presumption under SF0117 applies equally to unmarried parents in proceedings filed after July 1, 2025, once paternity is established. An Affidavit of Paternity cannot be revoked after 60 days without court action.
Guardian ad litem: YES. Wyoming courts may appoint a guardian ad litem (GAL) in custody cases. The Wyoming Office of Guardian ad Litem (gal.wyo.gov) handles GAL appointments in abuse/neglect and juvenile cases. In private custody disputes, GAL appointments are handled at the local county level — judges may maintain lists of qualified GALs or ask parties to identify one. The GAL investigates the child’s circumstances by interviewing the child, parents, and relevant parties, reviewing school/medical/mental health records, and parenting communications. The GAL then advocates for a parenting plan aligned with the child’s best interests and may testify or submit reports to the court.
Additional Wyoming rules: (1) Gender neutrality: Wyoming statute explicitly prohibits courts from preferring one parent solely because of gender (§ 20-2-201). (2) 300-mile distance threshold: Under SF0117, if parents live more than 300 miles apart, the shared custody presumption may be overcome. (3) Access to records: Under § 20-2-201, both parents are entitled to access the child’s school, medical, and other records regardless of custody arrangement. (4) No specific parenting plan statute: Unlike many states, Wyoming does not have a detailed parenting plan statute prescribing required elements — courts rely on judicial discretion to ensure orders are “well-defined.” (5) 2025 shared custody reform: Wyoming’s SF0117 represents one of the most significant custody reform laws in recent years, shifting from no joint custody presumption to a strong presumption of equal parenting time, placing Wyoming among the states with the strongest shared custody presumptions nationally.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Wyoming Custody Statute: Wyoming Statutes Annotated § 20-2-201 (Disposition and maintenance of children in decree or order; access to records) — primary custody and best interest factors statute. § 20-2-202 (Visitation — including relocation notice). § 20-2-203 (Jurisdiction for enforcement and modification). § 20-7-101 (Grandparent visitation rights). 2025 Session Laws, Senate File 0117 (shared custody presumption, effective July 1, 2025, amending § 20-2-201).
Last verified May 2026. Contact us if you notice outdated information.