Wyoming family courts determine child custody based on the best interests of the child under Wyo. Stat. § 20-2-201, with a landmark 2025 law (SF0117) now creating a presumption of shared custody for cases filed after July 1, 2025. Joint custody vs sole custody Wyoming decisions involve both legal custody (decision-making authority) and physical custody (where children reside), and courts may order any combination of joint, shared, or sole arrangements. Filing fees range from $70 to $160 depending on county, Wyoming requires only 60 days of residency to file, and child support calculations differ significantly based on whether parents share custody above the 25% overnight threshold (92+ nights per year).
| Key Fact | Wyoming Requirement |
|---|---|
| Filing Fee | $70–$160 (varies by county) |
| Residency Requirement | 60 consecutive days |
| Waiting Period | 20 days minimum after service |
| Custody Standard | Best interests of the child |
| Presumption | Shared custody (eff. July 1, 2025) |
| Property Division | Equitable distribution |
| Child Support Threshold | 25% overnights (92+ nights) for shared formula |
What Is Joint Custody in Wyoming?
Joint custody in Wyoming means both parents share decision-making authority (legal custody) and/or physical time (physical custody) with their children following divorce or separation. Under Wyo. Stat. § 20-2-201, Wyoming courts define joint legal custody as shared authority over major decisions including education, healthcare, and religious upbringing, while joint physical custody means children spend substantial time living with each parent. As of July 1, 2025, Wyoming law presumes shared custody unless specific statutory exceptions apply, making joint custody the default starting point in all new custody proceedings.
Wyoming distinguishes between two forms of joint arrangement. Joint legal custody grants both parents equal say in important decisions affecting the child, regardless of where the child primarily resides. Joint physical custody (also called shared physical custody) means the child spends significant time with both parents, typically crossing the 25% overnight threshold (92 or more nights per year) that triggers Wyoming's shared-responsibility child support calculation under Wyo. Stat. § 20-2-304.
Courts may award joint legal custody while designating one parent as the primary physical custodian. This arrangement allows both parents to participate in major decisions while providing the child with a primary residence. The Wyoming Supreme Court has consistently held that joint custody arrangements require parents who can communicate effectively and cooperate in their children's upbringing.
What Is Sole Custody in Wyoming?
Sole custody in Wyoming grants one parent exclusive decision-making authority (sole legal custody) and/or primary physical residence (sole physical custody) for the children, with the other parent typically receiving visitation rights. Under Wyo. Stat. § 20-2-201(c), courts may award sole custody when evidence demonstrates that joint custody would not serve the child's best interests, particularly in cases involving domestic violence, child abuse, or severe parental conflict. Filing for sole custody requires demonstrating specific circumstances under the SF0117 exceptions, as shared custody is now presumed in Wyoming.
Sole legal custody means one parent has exclusive authority to make major decisions about the child's education, medical care, religious training, and extracurricular activities. The non-custodial parent typically retains visitation rights but does not participate in these decisions. Sole physical custody means the child resides primarily with one parent, with the other parent receiving visitation according to a court-ordered schedule.
Under Wyoming's 2025 shared custody presumption law (SF0117), courts must enter a shared custody order unless:
- Both parties have agreed in writing to a different custody arrangement
- One or both parents have been convicted of domestic violence against the other party
- One or both parents have been found guilty of cruelty, abuse, neglect, or mistreatment of the children
- The parents reside more than 300 miles apart and a different arrangement is the only practical option
- Clear and convincing evidence shows a different arrangement is in the child's best interest
How Wyoming Courts Determine Custody: Best Interest Factors
Wyoming courts must consider eight statutory factors under Wyo. Stat. § 20-2-201(a) when determining whether joint custody vs sole custody Wyoming arrangements best serve children's interests, with no single factor being determinative. The court evaluates each parent's competency, fitness, and willingness to facilitate the child's relationship with the other parent. Wyoming law explicitly prohibits gender-based preferences, meaning neither mothers nor fathers receive automatic priority in custody determinations.
The eight statutory best interest factors are:
- The quality of the relationship each child has with each parent
- The ability of each parent to provide adequate care throughout each custody period, including arranging care by others when needed
- The relative competency and fitness of each parent
- Each parent's willingness to accept all responsibilities of parenting, including relinquishing care at specified times
- How parents and children can best maintain and strengthen relationships with each other
- How parents and children interact and communicate, and how such communication may be improved
- The ability and willingness of each parent to allow the other parent to provide care without intrusion
- The geographic distance between the parents' residences
Additionally, courts consider any other factors deemed necessary and relevant, including each parent's physical and mental health, the child's established school and community ties, and the child's preference (when the child is of sufficient maturity). Evidence of domestic violence or child abuse is automatically considered contrary to the child's best interests under Wyo. Stat. § 20-2-201(c).
Wyoming's 2025 Shared Custody Presumption Law (SF0117)
Wyoming enacted Senate File 0117 effective July 1, 2025, establishing a rebuttable presumption of shared custody that fundamentally changed how courts approach joint custody vs sole custody Wyoming cases. Under this landmark legislation, courts must enter shared custody orders meaning approximately equal parenting time unless one of five specific exceptions applies. This represents the most significant change to Wyoming family law in decades, affecting every new divorce involving minor children filed after July 1, 2025.
The five exceptions allowing deviation from the shared custody presumption are:
| Exception | Standard |
|---|---|
| Written Agreement | Both parties agree in writing to different custody |
| Domestic Violence | Court conviction of domestic violence against other party |
| Child Abuse/Neglect | Court finding of cruelty, abuse, neglect, or mistreatment |
| Geographic Distance | Parents reside 300+ miles apart and different arrangement is only practical option |
| Best Interests | Clear and convincing evidence that different arrangement serves child's best interest |
Importantly, the "clear and convincing evidence" standard is significantly higher than the typical "preponderance of evidence" standard used in most civil cases. This means parents seeking sole custody must present compelling proof that shared custody would harm the child, rather than simply arguing that sole custody would be preferable.
Cases filed before July 1, 2025 remain subject to the prior law, which did not presume any particular custody arrangement. Modification petitions for pre-existing orders must still demonstrate a material change in circumstances before the court will consider altering custody.
Joint Custody vs. Sole Custody: Key Differences Compared
Understanding the practical differences between joint custody and sole custody helps Wyoming parents make informed decisions about their children's future. The following comparison table outlines the major distinctions:
| Factor | Joint Custody | Sole Custody |
|---|---|---|
| Legal Decision-Making | Both parents share authority | One parent has exclusive authority |
| Physical Residence | Child lives with both parents substantially | Child primarily lives with one parent |
| Child Support Calculation | Shared formula (150% multiplier) if 92+ nights each | Basic formula to custodial parent |
| Presumption Status (post-July 2025) | Presumed unless exception applies | Must overcome presumption |
| Communication Required | High level of cooperation needed | Less coordination required |
| Modification Standard | Material change in circumstances | Material change in circumstances |
| Visitation for Non-Custodial | Not applicable (both are custodial) | Court-ordered schedule |
Joint legal custody requires parents to consult each other on major decisions, while joint physical custody necessitates coordinating schedules, transportation, and daily care routines. Parents with high-conflict relationships often struggle with joint arrangements, which is why the court evaluates communication ability as a key factor.
Sole custody arrangements typically designate one primary custodian while the other parent receives "reasonable visitation" or a specific schedule. Wyoming courts frequently order visitation schedules including every other weekend (Friday evening through Sunday evening), one weeknight dinner visit, alternating holidays, and extended summer parenting time (typically 4-6 weeks).
How Child Support Changes Based on Custody Type
Wyoming's child support calculation under Wyo. Stat. § 20-2-304 uses three different formulas depending on the custody arrangement, with shared custody arrangements potentially reducing support obligations by accounting for both parents' direct expenses. The critical threshold is 25% of annual overnights (92 nights or more with each parent), which triggers the shared-responsibility formula and multiplies the base support obligation by 150% before offsetting between parents.
Basic Formula (Sole/Primary Physical Custody)
When one parent has primary physical custody (the child spends fewer than 92 nights with the other parent), Wyoming uses the basic child support formula. The non-custodial parent pays a percentage of their net income based on the number of children:
- One child: Approximately 20% of net income
- Two children: Approximately 28% of net income
- Three children: Approximately 32% of net income
- Four or more children: Approximately 35% of net income
The actual amount is determined from Wyoming's statutory support tables, which account for both parents' combined net incomes.
Shared Custody Formula (92+ Overnights Each)
When each parent has the children for 92 or more overnights per year (25% or more), the shared-responsibility formula applies:
- Calculate the basic child support obligation from statutory tables
- Multiply that amount by 150% to get the shared-responsibility total
- Divide proportionally based on each parent's income percentage
- Multiply each parent's share by the percentage of time children spend with the other parent
- The parent with the higher theoretical obligation pays the difference (net support)
This offset calculation often results in significantly lower support payments compared to the basic formula because both parents are directly contributing to the children's expenses during their parenting time.
Split Custody Formula
When each parent has primary physical custody of at least one child (split custody), Wyoming calculates separate support obligations for each household and offsets them, with the parent owing the greater amount paying the difference.
Modifying Custody Orders in Wyoming
Modifying an existing custody order in Wyoming requires proving a material change in circumstances has occurred since the original order, plus demonstrating that modification serves the child's best interests under Wyo. Stat. § 20-2-201. The court retains continuing jurisdiction to modify custody as circumstances change, but will not alter stable arrangements without substantial justification. Filing fees for modification petitions range from $70 to $160 depending on county, the same as initial divorce filings.
Examples of material changes in circumstances that may justify modification include:
- Repeated, unreasonable denial of court-ordered visitation
- Relocation of one parent that significantly impacts the parenting schedule
- Substantial change in a parent's work schedule or living situation
- Development of serious health issues affecting parenting ability
- Evidence of abuse, neglect, or domestic violence arising after the original order
- Significant change in the child's needs (educational, medical, or developmental)
- A child reaching an age where their preference carries greater weight
Wyoming courts have held that the relocating parent's move is not automatically a material change in circumstances. In Arnott v. Arnott (293 P.3d 440), the Wyoming Supreme Court recognized a strong presumption favoring the custodial parent's right to relocate when motives are sincere and legitimate, such as pursuing education or better employment.
Relocation Rules for Custodial Parents
Wyoming requires either parent to provide 30 days written notice before moving to a different city or state, giving the other parent time to seek modification of custody or visitation arrangements. Under court rules, this notice must go to both the other parent and the court that issued the custody order. Relocation can significantly impact joint custody vs sole custody Wyoming arrangements, particularly when the move exceeds the 300-mile threshold specified in SF0117.
When a custodial parent wishes to relocate, they must demonstrate:
- The move is motivated by sincere, legitimate reasons (employment, education, family support)
- The proposed arrangement maintains meaningful contact with the non-relocating parent
- The relocation serves the child's best interests
If parents cannot agree on modified arrangements following relocation, the court will evaluate whether the move constitutes a material change in circumstances warranting custody modification. For moves exceeding 300 miles, the SF0117 presumption of shared custody may no longer apply, and courts will craft arrangements based on what is practically achievable given the distance.
Domestic Violence and Its Impact on Custody
Evidence of domestic violence in Wyoming custody cases triggers mandatory protections under Wyo. Stat. § 20-2-201(c), which explicitly states that spousal abuse or child abuse is contrary to the child's best interests. Courts finding family violence must structure visitation to protect children and the abused spouse from further harm, often requiring supervised visitation by an approved third party. A court conviction for domestic violence against the other parent automatically overcomes the SF0117 shared custody presumption.
Protective measures courts may order include:
- Supervised visitation with a professional supervisor or approved family member
- Exchange of children at neutral public locations
- Prohibition on overnight visitation until completion of batterer intervention programs
- No-contact provisions between parents except through specified communication methods
- GPS monitoring or other conditions
Victims of domestic violence should document all incidents and obtain protective orders through the district court. Wyoming's Protection Order statute provides emergency, temporary, and final protective orders that can include custody provisions separate from divorce proceedings.
Wyoming Residency Requirements for Custody Cases
Under Wyo. Stat. § 20-2-107, at least one spouse must have resided in Wyoming for 60 consecutive days immediately before filing for divorce to establish jurisdiction over custody matters. Wyoming's 60-day requirement ranks among the shortest residency requirements in the United States. Alternatively, if the marriage was performed in Wyoming, at least one spouse must have continuously resided in the state from the marriage date until filing.
There is no separate county residency requirement. Divorce and custody cases may be filed in the district court of the county where either party resides under Wyo. Stat. § 20-2-104.
When one spouse lives out of state, the Wyoming resident can still file for divorce under Wyo. Stat. § 20-2-107(b), which provides that a married person residing in Wyoming at filing is considered a resident regardless of where the other spouse lives. However, the court's jurisdiction over custody depends on whether Wyoming qualifies as the child's "home state" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), generally requiring the child to have lived in Wyoming for six consecutive months.
Parenting Plans and Court Requirements
Wyoming courts require detailed parenting plans that specify physical custody schedules, decision-making authority, holiday arrangements, and dispute resolution procedures under Wyo. Stat. § 20-2-201. The statute directs courts to order custody in "well-defined terms to promote understanding and compliance by the parties." Parents may also be ordered to attend parenting classes dealing with lessening divorce's impact on children under Wyo. Stat. § 20-2-201(f).
Effective parenting plans typically include:
- Weekly schedule specifying which parent has custody on each day
- Holiday schedule for major holidays, school breaks, and birthdays
- Summer vacation schedule with advance notice requirements
- Transportation arrangements (pickup/dropoff times and locations)
- Communication methods between parents and between children and the non-custodial parent
- Process for making major decisions about education, healthcare, and activities
- Right of first refusal when the custodial parent needs childcare
- Dispute resolution procedures (mediation before court intervention)
The Wyoming Judicial Branch provides self-help packets and forms through wyocourts.gov, including the Divorce with Minor Children packet that contains parenting plan templates. As of May 2026, verify current forms with your local district court clerk.
Frequently Asked Questions About Wyoming Child Custody
Does Wyoming favor mothers or fathers in custody decisions?
No, Wyoming law explicitly prohibits gender-based custody preferences under Wyo. Stat. § 20-2-201. The statute states courts "shall not prefer one parent as a custodian solely because of gender." Since July 1, 2025, Wyoming presumes shared custody (approximately equal time) for both parents unless specific statutory exceptions apply, making gender irrelevant to the initial custody determination.
What is the difference between joint custody and shared custody in Wyoming?
In Wyoming, joint custody refers primarily to decision-making authority (joint legal custody), while shared custody specifically means each parent has physical custody for at least 25% of overnights (92+ nights per year). Under Wyo. Stat. § 20-2-304, shared physical custody triggers the 150% multiplier formula for child support calculations. The 2025 SF0117 law uses "shared custody" to mean the presumptive equal-time arrangement.
At what age can a child decide which parent to live with in Wyoming?
Wyoming has no specific age at which a child can choose their custodial parent. Courts consider a child's preference as one factor among many, with the weight given increasing as the child matures. Generally, children ages 12-14 and older have their preferences given more serious consideration, but the court's ultimate decision must serve the child's best interests under Wyo. Stat. § 20-2-201.
How much does it cost to file for custody in Wyoming?
Filing fees for custody cases in Wyoming range from $70 to $160 depending on county, as of May 2026. Sheridan County and Natrona County charge $160, while other counties fall between $70 and $120. If you cannot afford filing fees, Wyoming offers fee waivers through the Affidavit of Indigency (Self-Help Packet 10) available at wyocourts.gov. Additional costs include service of process ($50-$75) and attorney fees if represented.
Can I get sole custody if my ex has a criminal record?
A criminal record alone does not automatically disqualify a parent from custody in Wyoming. However, convictions for domestic violence against the other parent or crimes involving child abuse, neglect, or mistreatment are explicit exceptions to the shared custody presumption under SF0117. The court evaluates how the criminal history affects parenting ability and the child's safety under the best interest factors of Wyo. Stat. § 20-2-201.
How long does a custody case take in Wyoming?
Uncontested custody cases in Wyoming typically resolve within 60-90 days from filing, while contested cases requiring trial may take 6-12 months or longer depending on court schedules. The minimum timeline is 20 days after the defendant is served before the court can enter a divorce decree. Mediation, home studies, and custody evaluations can add several months to contested cases.
Can custody orders be modified if one parent moves out of state?
Yes, relocation can constitute a material change in circumstances justifying custody modification under Wyoming law. Parents must provide 30 days written notice before moving to a different city or state. If the move exceeds 300 miles, the SF0117 shared custody presumption may not apply, and the court will craft arrangements based on practical considerations. The Wyoming Supreme Court in Arnott v. Arnott (293 P.3d 440) recognized a presumption favoring custodial parents' legitimate relocation motives.
What happens if we can't agree on custody?
When parents cannot agree on custody, Wyoming courts may order mediation before proceeding to trial. If mediation fails, the court conducts a hearing where both parties present evidence on the best interest factors under Wyo. Stat. § 20-2-201. The judge may appoint a guardian ad litem to represent the child's interests and/or order a custody evaluation by a mental health professional. The court then issues custody orders based on all evidence presented.
Does Wyoming require parenting classes during divorce?
Wyoming courts may order parents to attend parenting classes as part of custody proceedings under Wyo. Stat. § 20-2-201(f). These classes typically focus on reducing divorce's impact on children, effective co-parenting communication, and age-appropriate ways to discuss divorce with children. Many Wyoming counties require completion before finalizing divorce, with courses running 4-8 hours and costing $30-$75 per parent.
How does the 25% overnight rule affect child support?
Under Wyo. Stat. § 20-2-304, when each parent has physical custody for 92 or more overnights per year (25%+), Wyoming uses the shared-responsibility child support formula. This formula multiplies the base support obligation by 150%, then divides it proportionally based on each parent's income and time percentage. The offset calculation typically results in lower net support payments because both parents are directly contributing during their parenting time.
As of May 2026. Wyoming custody laws are subject to change, and individual case outcomes depend on specific circumstances. Filing fees should be verified with your local district court clerk before filing. This guide provides general information and does not constitute legal advice. For guidance on your specific situation, consult with a Wyoming family law attorney.
Sources: Wyoming Judicial Branch, Wyoming Legislature SF0117, Justia Wyoming Statutes, WomensLaw.org, FindLaw Wyoming