It's a popular misconception that "custody" means one parent gets the children, and the other doesn't. The reality is that custody is multifaceted. The one constant in custody matters is that the outcome must be based on the best interests of the child.
The two main concepts in Wyoming state child custody laws are "legal custody" and "physical custody". Legal custody relates to making important decisions in raising the child, such as education choices, non-emergency medical care, and whether the child will practice a certain religion. Physical custody refers to where the child will reside.
Within each type of custody, one parent may have sole custody or the parents may share custody. Sole legal custody means only one parent has major decision-making authority. With joint legal custody, both parents have a say in child-rearing decisions.
In a sole physical custody scenario, the child resides with one parent. With joint physical custody, the child lives with each parent for certain periods, which can be anywhere from a few days a week to several months at a time.
The possibility of another type of custody exists where there is more than one child. This is called "split" custody. Wyoming law allows for one or more of the children to live with one parent, and one or more to live with the other parent. As with all custody decisions, a judicial award of split custody must be in the best interests of the children, and a judge must provide an explanation for the decision.
Although the courts strongly urge parents to come to an agreement on issues of custody and visitation, sometimes that's not possible. In that case, it's up to the court to make the final determination. Often, judges will require a custody evaluation by trained personnel to aid in their decision.
When Wyoming judges are deciding what custody arrangements would be in a child's best interests, they must consider all of the relevant circumstances, including:
Under Wyoming law, any evidence of domestic violence against the other parent or child abuse will be considered as contrary to the child's best interests. However, the Wyoming Supreme Court has held that this is still only one of the factors that the judge must consider. It won't necessarily be the deciding factor, especially if there was only an isolated incident of spousal abuse in the past. But repeated or ongoing abuse will likely play an important role in custody decisions.
Wyoming courts have also held that judges may consider a child's custody preferences, if the child is mature enough to express a reasonable opinion. But judges don't have to follow what children want. When deciding how much weight to give to those preferences, judges should consider the children's age, the reasons for their preferences, whether it appears they've been influenced or pressured into choosing between their parents, and whether any siblings also have a custody prefernce.
(Wyo. Stat. § 20-2-201 (2024); Baer v. Baer, 522 P.3d 628 (Wyo. 2022); Yates v. Yates, 702 P.2d 1252 (Wyo. 1985).)
When a child is living with one parent, the judge will ordinarily grant the other parent visitation rights. As with custody, the child's best interest is the guiding principle. Wyoming law states that the visitation order must:
(Wyo. Stat. § 20-2-202 (2024).)
There's no one-size-fits-all visitation template. The ultimate outcome usually depends on the circumstances of each case. The best arrangements tend to be those that reasonably accommodate the parents' and children's schedules.
Whenever a parent has been guilty of family violence, the visitation order must include restrictions intended to protect the children and the abused spouse from any further harm. For example, the judge may order that any visitation be supervised by an approved third party. (Wyo. Stat. § 20-2-201(c) (2024).)
You may file a motion (written legal request) with the court, seeking to change an existing custody or visitation order. However, in order to be successful, you'll have to prove both of the following:
(Wyo. Stat. § 20-2-204(c) (2024); Evans v. Sharpe, 530 P.3d 298 (Wyo. 2023).)
The custodial parent's relocation with the child could qualify as a material change of circumstances, depending on how far away the parent is moving and whether it would affect the current visitation schedule. But even if it does meet the changed-circumstances requirement, the judge would have to look into the details to decide whether a custody or visitation modification would be in the chld's best interests. .
Be aware that Wyoming has special rules for any changes to custody or visitation when a parent in the military is on temporary duty, deployed, or mobilized. (Wyo. Stat. § 20-2-205 (2024).)