Wyoming courts determine child custody based on the best interests of the child under W.S. § 20-2-201, with a new presumption of shared custody effective July 1, 2025 under SF0117. The filing fee for custody cases in Wyoming is $160, and parents must meet a 60-day state residency requirement. Wyoming law now presumes joint legal and joint physical custody where children spend substantially equal time with each parent unless specific exceptions apply, such as domestic violence convictions, child abuse findings, or parents living more than 300 miles apart.
| Key Facts | Details |
|---|---|
| Filing Fee | $160 (varies by county; verify with local clerk) |
| Residency Requirement | 60 days in Wyoming |
| Waiting Period | 20 days after service (uncontested) |
| Custody Standard | Best interests of the child |
| Default Presumption | Shared custody (joint legal + joint physical) as of July 1, 2025 |
| Modification Standard | Material change in circumstances |
| Relocation Notice | 30 days advance notice required |
What Is Child Custody in Wyoming?
Wyoming recognizes two distinct forms of child custody: legal custody and physical custody, and courts may award any combination of joint, shared, or sole arrangements under W.S. § 20-2-201. Legal custody grants a parent the authority to make major decisions regarding the child's education, medical care, religious upbringing, and general welfare. Physical custody determines where the child primarily resides and which parent provides day-to-day care. Under Wyoming's 2025 shared custody presumption law (SF0117), courts must enter an order of shared custody—defined as both joint legal custody and joint physical custody with substantially equal parenting time—unless specific statutory exceptions are proven. This represents a significant shift from previous law, where courts had broader discretion in custody arrangements. The presumption applies to all new custody actions filed on or after July 1, 2025, affecting thousands of Wyoming families annually.
Best Interest of the Child Factors in Wyoming
Wyoming courts evaluate custody disputes using a comprehensive best-interests analysis that considers multiple factors without favoring either parent based on gender under W.S. § 20-2-201(a). The court examines the quality of the relationship between the child and each parent, each parent's ability to provide adequate care, the relative competency and fitness of each parent, and each parent's willingness to accept all parenting responsibilities. Additional factors include how each parent facilitates the child's relationship with the other parent, the ability of parents to communicate effectively, geographic distance between parental residences, and any evidence of domestic violence or child abuse. Wyoming courts must consider evidence of spousal abuse or child abuse as contrary to the child's best interests under the statute. If the court finds family violence has occurred, it must craft visitation arrangements that protect the children and abused spouse from further harm.
Specific Factors Courts Consider
- Quality of the child's relationship with each parent and siblings
- Each parent's ability to provide adequate care, including arranging childcare when needed
- The relative competency, fitness, and mental and physical health of each parent
- Each parent's willingness to accept parenting responsibilities at specified times
- How parents and children interact and communicate with each other
- Each parent's ability to allow the other to provide care without intrusion
- Geographic distance between parental residences and its impact on visitation
- Any history of domestic violence, child abuse, or substance abuse
- The child's preference (if the child is of sufficient age and maturity)
- Any other factors the court deems relevant to the child's welfare
Types of Custody Arrangements in Wyoming
Wyoming law authorizes courts to award custody in any combination that serves the child's best interests, including joint legal custody, joint physical custody, sole legal custody, and sole physical custody under W.S. § 20-2-201. Joint legal custody means both parents share decision-making authority regarding the child's health, education, and welfare. Joint physical custody means the child resides with each parent for a substantially equal amount of time each calendar year. Sole legal custody grants one parent exclusive decision-making authority, while sole physical custody means the child primarily resides with one parent while the other typically receives visitation rights. Under the 2025 shared custody presumption (SF0117), courts must presume that shared custody—combining joint legal and joint physical custody—serves the child's best interests unless specific exceptions apply.
| Custody Type | Definition | Decision-Making | Physical Time |
|---|---|---|---|
| Joint Legal | Both parents share major decisions | Shared equally | Varies |
| Joint Physical | Child resides substantially equally with both | Varies | 50/50 or near-equal |
| Sole Legal | One parent makes all major decisions | One parent | Varies |
| Sole Physical | Child primarily lives with one parent | Varies | One primary home |
| Shared Custody | Joint legal + joint physical | Shared equally | Substantially equal |
Wyoming's New Shared Custody Presumption (SF0117)
Wyoming enacted Senate File 0117 effective July 1, 2025, establishing a rebuttable presumption of shared custody in all new custody actions. This landmark legislation requires courts to enter orders of shared custody—defined as joint legal custody combined with joint physical custody where children spend substantially equal time with each parent—unless specific exceptions are proven. The presumption can be overcome only if parents agree in writing to a different arrangement, one or both parents have been convicted of domestic violence against the other party, one or both parents have been found guilty of child abuse, neglect, or mistreatment, the parents live more than 300 miles apart making shared physical custody impractical, or clear and convincing evidence demonstrates a different arrangement serves the child's best interests. This law applies to all initial custody determinations filed on or after July 1, 2025, but does not automatically modify existing custody orders.
Residency Requirements for Child Custody in Wyoming
Wyoming requires a 60-day state residency period for at least one parent before filing for divorce or custody under W.S. § 20-2-107. This is among the shortest residency requirements in the United States, making Wyoming accessible for parents who have recently relocated. Alternatively, if the marriage was solemnized in Wyoming, at least one party must have resided continuously in the state from the time of marriage until filing. For initial child custody jurisdiction, Wyoming has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) under W.S. § 20-5-201 et seq., which generally requires the child to have lived in Wyoming for six consecutive months immediately before filing (the home state rule) or for Wyoming to have emergency jurisdiction. There is no separate county residency requirement—parents may file in the district court of any county where either party resides under W.S. § 20-2-104.
Filing Fees and Court Costs for Custody Cases
The standard filing fee for divorce cases involving child custody in Wyoming is $160, which includes court automation and indigent legal services allocations as of March 2026. Filing fees may vary slightly by county—for example, Sheridan County and Natrona County both charge $160, while some smaller counties may charge between $70 and $100. Parents who cannot afford filing fees may complete an Affidavit of Indigency and Request for Waiver of Filing Fees using Packet 10 available from the Wyoming courts. Payment methods include cash, check, and money order; some counties accept credit cards with a processing fee of approximately 2.6%. Additional costs may include service of process fees ($25-$75 depending on method), mediation fees if court-ordered ($100-$300 per session), and guardian ad litem fees if appointed ($1,500-$5,000 or more). Always verify current fees with your local clerk of district court before filing.
Creating a Wyoming Parenting Plan
Wyoming law requires custody orders to be well-defined to promote understanding and compliance by both parents under W.S. § 20-2-201. While Wyoming does not mandate a specific parenting plan format, comprehensive plans should include the full name and birth date of each child, a statement designating legal and physical custody arrangements, the primary residence of each child, allocation of parental rights for education, medical care, and religious decisions, and a detailed visitation schedule specifying when the child spends time with each parent. Wyoming law requires visitation orders to include enough detail for parents to clearly understand requirements, explain how transportation costs will be divided, and require 30 days advance notice when either parent plans to relocate to a different city or state. Courts strongly encourage parents to reach mutual agreements on custody and visitation, and most do—judges will review agreements to ensure they promote the child's best interests before incorporating them into official court orders.
Standard Visitation Schedule Elements
- Regular visitation: Every other weekend, Friday evening through Sunday evening
- Summer visitation: 60 days during summer break, often with alternate weekend adjustments
- Holiday rotation: Alternating major holidays (Thanksgiving, Christmas, Easter) between parents
- School breaks: Divided equally or alternating spring and winter breaks
- Parent's special days: Mother's Day with mother, Father's Day with father
- Child's birthday: Often alternating years or split-day arrangements
- Communication provisions: Phone, video call, and electronic communication schedules
- Transportation responsibilities: Who transports, cost-sharing, and exchange locations
Custody Rights for Unmarried Parents in Wyoming
For unmarried parents in Wyoming, the mother automatically receives primary custody of the child until paternity is legally established under the Wyoming Parentage Act (W.S. § 14-2-401 through 14-2-907). Even if the father's name appears on the birth certificate, the unmarried mother initially holds sole custody rights. Unmarried fathers must establish paternity before obtaining custody or visitation rights through one of two methods: signing an Acknowledgment of Paternity form (W.S. § 14-2-601) with the mother and filing it with the Wyoming Office of Vital Records, or obtaining a court order establishing paternity through genetic testing. After paternity is established, the father can file a lawsuit seeking custody and visitation rights. Wyoming courts apply the same best-interests standard to unmarried parents as married parents and cannot favor one parent based solely on gender. Once paternity is established and the 60-day rescission period passes, both parents have equal rights under Wyoming law.
Modifying Child Custody Orders in Wyoming
Either parent may petition to modify existing custody orders under W.S. § 20-2-204 by demonstrating a material change in circumstances since the original order and proving that modification serves the child's best interests. Examples of material changes include a parent's relocation, significant changes in work schedules, substance abuse issues, domestic violence, the child's changing needs as they age, or one parent's repeated failure to comply with the existing order. Notably, a custodial parent's relocation alone is not automatically a material change—Wyoming courts recognize a strong presumption in favor of the custodial parent's right to move for legitimate reasons such as employment opportunities or educational advancement. However, if the move would substantially impair the current visitation schedule, the court may find modification warranted. Repeated, unreasonable failure by the custodial parent to allow court-ordered visitation may constitute evidence of a material change in circumstances.
Relocation Rules for Custodial Parents
Wyoming requires either parent to provide 30 days advance written notice to the other parent and the court clerk before moving to a different city or state under W.S. § 20-2-201. This notice period allows the non-relocating parent time to seek a custody or visitation modification if warranted. Wyoming courts have established a strong presumption favoring the custodial parent's right to relocate when motives are sincere and legitimate, such as pursuing better employment, returning to school, or moving closer to family support. The relocating parent does not bear the burden of proving the move serves the child's best interests; rather, the non-relocating parent must demonstrate that the move would substantially harm the child. However, if parents share joint physical custody under the new SF0117 presumption, relocation analysis becomes more complex since both parents have substantially equal parenting time. If parents live more than 300 miles apart after relocation, the shared custody presumption no longer applies, and courts must determine an alternative arrangement.
Grandparent Visitation Rights in Wyoming
Wyoming permits grandparents (including great-grandparents) to seek court-ordered visitation under W.S. § 20-7-101 by filing an original action against any person having custody of the grandchild. The court may grant reasonable visitation rights if it finds visitation would serve the child's best interests and would not substantially impair the parents' rights. Following the 2022 Wyoming Supreme Court decision in Ailport v. Ailport, courts must give great weight to a fit parent's decision regarding grandparent visitation, making it more difficult for grandparents to obtain visitation over parental objections. Grandparents are responsible for all fees and expenses associated with any guardian ad litem appointment during these proceedings. Importantly, grandparents cannot seek visitation if the grandchild has been adopted by non-relatives—no action may be brought if neither adopting parent is related by blood to the child. Existing grandparent visitation orders may be revoked or amended for good cause upon petition by the custodial parent or guardian.
Enforcement of Custody Orders
Wyoming courts have authority to enforce custody and visitation orders through contempt proceedings under W.S. § 20-2-204. When a parent willfully violates a custody order, the aggrieved parent may file a motion requiring the violating parent to appear and show cause why they should not be held in contempt. Courts may find the parent in contempt, award attorney's fees and costs to the aggrieved party, and order any other relief deemed necessary. Contempt findings can result in fines, compensatory visitation time to make up for missed visits, modification of the custody arrangement, and in severe cases, jail time. Both parents retain equal rights to access the child's records—including school records, medical and dental treatment information, and mental health records—unless the court orders otherwise. Wyoming courts take enforcement seriously and expect parents to comply fully with all custody and visitation orders.
Military Service and Custody in Wyoming
Wyoming addresses custody issues for military service members under W.S. § 20-2-205, recognizing that temporary military duty can affect custody arrangements. A parent's military deployment or temporary duty assignment does not automatically constitute a material change in circumstances warranting permanent custody modification. Courts may grant temporary modifications during deployment periods while preserving the service member's custody rights upon return. The non-deployed parent or a designated family member may exercise the deployed parent's visitation rights during the deployment. Wyoming law protects service members from having permanent custody decisions made against them solely because of military service requirements. Service members facing deployment should seek temporary modification orders before deployment rather than relying on informal arrangements.
Frequently Asked Questions About Wyoming Child Custody
What is the new shared custody law in Wyoming effective 2025?
Wyoming enacted SF0117 effective July 1, 2025, creating a rebuttable presumption of shared custody in all new cases. Shared custody means joint legal custody plus joint physical custody with substantially equal parenting time. The presumption applies unless parents agree otherwise in writing, domestic violence or child abuse has been adjudicated, parents live more than 300 miles apart, or clear and convincing evidence shows a different arrangement benefits the child.
How long does a parent need to live in Wyoming to file for custody?
Wyoming requires only 60 days of state residency before filing for divorce or custody under W.S. § 20-2-107. This is among the shortest residency requirements nationally. Alternatively, if the marriage occurred in Wyoming, continuous residence from the wedding date suffices. For initial custody jurisdiction, children must have lived in Wyoming for 6 consecutive months under the UCCJEA home state rule.
How much does it cost to file for child custody in Wyoming?
The filing fee for divorce cases involving custody is $160 in most Wyoming counties as of March 2026. Some counties charge between $70 and $160. Additional costs include service of process ($25-$75), potential mediation fees ($100-$300 per session), and guardian ad litem fees if appointed ($1,500-$5,000+). Fee waivers are available for qualifying low-income filers through Packet 10.
Can an unmarried father get custody in Wyoming?
Yes, but unmarried fathers must first establish legal paternity through an Acknowledgment of Paternity form or court-ordered genetic testing under W.S. § 14-2-401 through 14-2-907. Without established paternity, the mother has sole custody by default. Once paternity is established, fathers have equal custody rights under Wyoming law, and courts cannot favor either parent based solely on gender.
What factors does Wyoming consider in custody decisions?
Wyoming courts consider multiple best-interest factors under W.S. § 20-2-201: the quality of parent-child relationships, each parent's ability to provide adequate care, parental fitness and competency, willingness to accept parenting responsibilities, ability to facilitate the child's relationship with the other parent, geographic distance between homes, and any history of domestic violence or child abuse. Courts may consider any relevant factor affecting the child's welfare.
How can I modify a custody order in Wyoming?
To modify custody in Wyoming, you must demonstrate a material change in circumstances since the original order and prove modification serves the child's best interests under W.S. § 20-2-204. Material changes include relocation, work schedule changes, substance abuse, domestic violence, or repeated visitation interference. Note that custodial parent relocation alone is not automatically a material change—Wyoming presumes custodial parents have the right to move for legitimate reasons.
Do grandparents have visitation rights in Wyoming?
Yes, Wyoming permits grandparents to petition for visitation under W.S. § 20-7-101 if visitation serves the child's best interests and does not substantially impair parental rights. However, following Ailport v. Ailport (2022), courts give great weight to fit parents' decisions about grandparent contact. Grandparents cannot seek visitation if the child was adopted by non-relatives.
What is the standard visitation schedule in Wyoming?
Wyoming's standard visitation schedule typically includes every other weekend (Friday evening through Sunday evening), 60 days during summer vacation, and alternating major holidays. The custodial parent receives visitation during summer on alternate weekends starting Thursdays at 6 PM. In odd-numbered years, the custodial parent may take two consecutive weeks of summer time with written notice to the other parent by May 1.
How much notice must I give before relocating with my child?
Wyoming requires 30 days written advance notice to the other parent and the court clerk before either parent moves to a different city or state under W.S. § 20-2-201. This notice period allows the non-relocating parent time to seek custody or visitation modifications. Wyoming courts presume custodial parents may relocate for legitimate reasons like employment or education.
Can Wyoming courts consider a child's preference in custody cases?
Yes, Wyoming courts may consider a child's preference as one factor in the best-interests analysis if the child is of sufficient age and maturity to express a reasoned preference. Wyoming law does not specify a minimum age, leaving this determination to the judge's discretion. The child's preference is not controlling—it is weighed alongside all other relevant factors. Courts are cautious about placing children in positions where they must choose between parents.
This guide provides general information about Wyoming child custody laws as of March 2026. Child custody matters are complex and fact-specific. For advice about your particular situation, consult with a qualified Wyoming family law attorney.
Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Wyoming divorce law