Joint vs. Sole Custody in Wyoming: Is There a Presumption of Equal Time?
Wyoming names no presumption of joint, shared or sole custody and no preference for either parent. The court crafts custody on the children’s best interests and ten factors, and treats abuse as contrary to those interests.
Is joint custody presumed in Wyoming?
No. In determining custody the court shall not favor or disfavor any form of custody; it crafts custody to promote the children’s best interests and may combine joint, shared or sole custody, and it orders custody in well defined terms to promote understanding and compliance (Wyo. Stat. 20-2-201(d)).
What are the best-interest factors in Wyoming?
Ten and a catch-all: the quality of each child’s relationship with each parent; each parent’s ability to provide adequate care, including arranging care by others; relative competency and fitness; willingness to accept all parenting responsibilities at specified times; how the parents and children can best maintain and strengthen relationships; how they interact and communicate; ability and willingness to allow the other to provide care without intrusion; the distance between the parents’ homes; each parent’s current physical and mental ability; and whether either must register as a sex offender (20-2-201(a)).
Is there a preference for mothers or fathers in Wyoming?
No. The court shall not prefer one parent as custodian solely because of gender (20-2-201(b)).
Does domestic violence change the analysis in Wyoming?
Yes. The court considers evidence of spousal abuse or child abuse as contrary to the children’s best interest, and if family violence has occurred it makes visitation arrangements that best protect the children and the abused spouse from further harm (20-2-201(c)). There is also a rebuttable presumption against unsupervised visitation for a registered sex offender (20-2-202(b)).
Can a parent see the child’s records in Wyoming?
Unless the court orders otherwise, the noncustodial parent has the same right of access as the custodial parent to school, activity, medical, dental and mental health records (20-2-201(e)), and the court may require parenting classes at any time (20-2-201(f)).
Does a support order’s placement decide custody in Wyoming?
No. A court finding of physical placement in a child support order is not a disposition of custody under this section (20-2-201(h)).
Does military service affect custody orders in Wyoming?
When a servicemember with custody or visitation receives temporary duty, deployment or mobilization orders requiring a substantial move or temporarily affecting the ability to exercise custody, the existing order may only be temporarily modified for the child’s best interests (20-2-205(a)), and the court must comply with that section in considering a servicemember’s custody or visitation (20-2-201(g)).
Can a court decline jurisdiction in Wyoming?
It may decline if it is an inconvenient forum and the court that entered the original order is more appropriate under the Uniform Child Custody Jurisdiction and Enforcement Act (20-2-203(a)).
Can a parent enforce an order in Wyoming?
Yes. A court with jurisdiction may require a parent who willfully violated an order to show cause why the parent should not be held in contempt, and may award attorney’s fees and other relief (20-2-204(b)).
Is a sex-offender conviction a factor in Wyoming?
Yes. Whether either parent must register as a sex offender is a listed factor, and unsupervised visitation for a registered offender is presumed not to be in the child’s best interests (20-2-201(a)(x); 20-2-202(b)).
How does custody connect to support in Wyoming?
The schedule sets the overnights that child support uses. Count your schedule with the Wyoming parenting time calculator and run the Wyoming child support calculator.
Frequently asked questions
Does Wyoming favor joint custody?
No. The court may not favor or disfavor any form of custody.
How does Wyoming decide custody?
On the children’s best interests and ten listed factors.
Does Wyoming prefer mothers or fathers?
No. Gender alone cannot be the reason for preferring a parent.
Does domestic violence affect Wyoming custody?
Yes. Abuse is contrary to the children’s best interest and visitation must protect the abused spouse and children.
Can a Wyoming parent be ordered to take parenting classes?
Yes. The court may require parenting classes at any time.
Official sources
- Wyo. Stat. 20-2-201: disposition and maintenance of children
- Wyo. Stat. 20-2-202: visitation
- Wyo. Stat. 20-2-203: jurisdiction for enforcement and modification
- Wyo. Stat. 20-2-204: enforcement and modification
- Wyo. Stat. 20-2-205: temporary military duty
- Wyo. Stat. 20-2-304: presumptive child support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Wyoming statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Wyoming attorney.