CasewellThe law in plain words
Under W.S. 20-2-201, "In determining custody a court shall not favor or disfavor any form of custody."
That section also directs the judge toward whatever arrangement is "most expedient and in the best interests of the children." The order can mix joint, shared and sole custody. It must also use well-defined terms, so both parents know exactly what to do.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Wyoming explains what the figures can and cannot show.
Legal custody and physical custody
The statute names three forms of custody: joint, shared and sole. It does not define them. The court's self-help order form splits custody into two parts.
- Legal custody: who makes the big decisions about welfare, schooling, discipline, non-emergency health care and religion.
- Joint legal custody: both parents share those decisions. The order can name one parent to settle disagreements.
- Physical custody: where the child lives. The form offers primary physical custody to one parent, or shared physical custody.
- Custodial parent: on the form, this is the parent with primary physical custody. The other parent usually has visitation.
- Records: unless the court orders otherwise, the noncustodial parent has equal access to school, medical, dental and mental health records.
"Full custody" is not a Wyoming legal term. People usually mean sole legal and sole physical custody, which the form also offers.
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Wyoming judges weigh how each parent gives care, keeps to set times and respects the other parent's role. Keep a dated record of yours.
- Meals, school runs and doctor visits you covered
- Each handover at the set time: on time, late, missed or refused
- Any abuse or safety concern, with police reports or protection orders
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Is Wyoming a 50/50 state?
No. Wyoming has no presumption of equal time and no presumption of joint custody. Under W.S. 20-2-201(d), no form of custody starts ahead.
- Equal time is possible: the court's order form lets parents choose shared physical custody, such as a 50/50 schedule.
- Sole custody gets no edge either: the same rule stops a judge treating one parent's sole custody as the default.
- Failed bills: a 2025 shared-custody presumption bill died in committee. A 2026 bill on shared temporary custody failed introduction.
- What decides it: the best-interest factors below, applied to your family's facts.
Some websites say Wyoming adopted a shared-custody presumption in 2025. That bill, Senate File 117, never became law. For household figures, see your real chances of 50/50 custody in Wyoming.
The best-interest factors
Under W.S. 20-2-201(a), the judge must consider these 11 factors, and may add others:
- the quality of the child's relationship with each parent
- each parent's ability to care for the child during their time, including arranging care by others
- each parent's relative competency and fitness
- each parent's willingness to take on all parenting duties, including taking and handing over care at set times
- how parents and child can best keep and strengthen their relationships
- how parents and child talk and interact, and how that could improve
- each parent's ability and willingness to let the other parent care for the child without intrusion, respecting their privacy
- the distance between the parents' homes
- each parent's current physical and mental ability to care for the child
- whether either parent has a conviction that requires sex offender registration
- any other factor the court finds necessary and relevant
The tenth factor was added in March 2025. The last item keeps the list open, so other facts can count.
The privacy factor matters if you plan to record your co-parent in Wyoming.
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Your child's preference
Wyoming sets no age at which a child chooses. The factor list in W.S. 20-2-201 does not mention the child's wishes at all.
- The open factor: the judge may weigh "any other factors" found relevant, so a child's view can still count.
- Relationships first: the first listed factor is the quality of the child's relationship with each parent.
- No veto: nothing in the statute lets a child of any age pick a home.
The decision stays with the judge. How much a preference weighs depends on the child and the facts.
Mothers' and fathers' rights
Under W.S. 20-2-201(b), a court "shall not prefer one (1) parent as a custodian solely because of gender." Mothers and fathers start level.
- Married parents: a child born while the parents are married is presumed to be the husband's, under W.S. 14-2-504.
- After the marriage ends: the presumption also covers a child born within 300 days of a divorce or annulment.
- Living together: a man who lived with the child for its first two years, openly treating the child as his, is also presumed the father.
- Overturning it: a presumption of paternity can be rebutted only by a court ruling in a paternity case.
Unmarried fathers follow a separate path, covered below. For the wider picture, read about fathers' parenting rights and rights as a mother.
If you were never married
We found no Wyoming statute that gives custody to either unmarried parent by default. Under W.S. 14-2-502, a child of unmarried parents has the same rights as any child.
- Paternity first: the court's custody packet assumes both parents are on the birth certificate. If not, it points you to the local child support agency.
- Acknowledgment of paternity: both parents can sign one and file it with the state office of vital records. Filing is free. See whether a father has to sign the birth certificate.
- Its effect: under W.S. 14-2-605, a valid filed acknowledgment counts the same as a court ruling of paternity.
- Changing your mind: a signer can start a case to rescind it within 60 days. A first hearing in a case about the child cuts that short.
- After that: a challenge is allowed only for fraud, duress or a material mistake of fact. Duress means threats or pressure. The deadline is two years after filing.
- No father on record: if a child has no presumed or acknowledged father, a paternity case can be brought at any time.
With paternity in place, either parent can file a Petition to Establish Custody, Visitation, and Child Support. That petition is how an unmarried parent gets an enforceable schedule.
Domestic violence
Wyoming counts abuse against a parent, but its custody statute sets no presumption against custody for an abusive parent.
- The rule: W.S. 20-2-201(c) treats evidence of spousal or child abuse "as being contrary to the best interest of the children."
- Visits after violence: if the court finds family violence happened, it must set visits that best protect the children and the abused parent.
- Temporary orders too: the same rule applies to temporary custody during a divorce, under W.S. 20-2-112.
- Disclosing other orders: a parent asking for temporary custody in a divorce must tell the court about known protection or custody orders.
- Sex offenders: since March 2025, a parent required to register as a sex offender faces a rebuttable presumption against unsupervised visits. Rebuttable means the parent can try to overcome it.
A registration-level conviction is also one of the listed best-interest factors.
Protection orders
Wyoming's domestic violence protection orders come from W.S. 35-21-103. You file with the circuit court clerk, and there is no filing fee.
- Who can file: a victim of domestic abuse by a household member. That includes a co-parent you do not live with, and a dating partner.
- Others who can file: since July 1, 2025, a district attorney can file with the victim's consent. So can someone with legal authority for a minor or vulnerable adult.
- Emergency order: if the petition shows a danger of further abuse, the judge must grant an ex parte temporary order at once. Ex parte means without the other side present.
- Hearing: within 72 hours of the temporary order, or as soon after that as the court can hear it.
- Custody: under W.S. 35-21-105, the order must give the petitioner temporary custody when that serves the children.
- Visits: the abuser gets visits only if the children and petitioner can be kept safe. Options include supervised visits, protected exchanges, no overnights or a bond.
- How long: up to three years. It can be extended for good cause, up to three years each time.
A bond is money paid to the court to secure the child's safe return. The court's self-help page has packets for domestic violence, sexual assault and stalking orders.
Emergency and temporary orders
Custody cases take time. Wyoming offers several faster routes, depending on what is happening.
- During a divorce: under W.S. 20-2-112, either spouse can ask for temporary custody while the case runs.
- In a paternity case: a temporary support order can also cover custody and visitation, under W.S. 14-2-816.
- Abuse: a protection order can give you temporary custody within days, as described above.
- Abduction risk: since July 1, 2024, a court can order steps to prevent a child's abduction, under W.S. 20-8-104.
- Imminent abduction: the court can issue an ex parte warrant to take physical custody of the child. The other parent must get a hearing by the next judicial day, if possible.
- Child in danger here: under W.S. 20-5-304, a Wyoming court can act in an emergency for a child present in the state.
That emergency power covers an abandoned child, or mistreatment or abuse of the child, a sibling or a parent. We found no dedicated emergency custody form in the court's self-help packets. A blank Motion form is in Family Law Packet 10.
Moving with your child
Wyoming's moving rule lives inside visitation orders. Under W.S. 20-2-202, every visitation order must require written notice before certain moves.
- Which moves: either parent changing their home city or state of residence.
- Timing: at least 30 days before the move.
- Who gets it: the other parent and the clerk of district court.
- What it says: the date of the move and the destination.
- Safety exception: where a confidentiality order protects a domestic abuse victim, the new address stays private.
The statute sets no test for approving or blocking a move. If a move would upset the schedule, either parent can ask the court to modify the order. The material-change rule below then applies.
Read your own order too, since it may set extra terms. If you fear the other parent will take the child, the abduction prevention law lists warning signs. They include selling a home, quitting a job or getting travel documents.
Moving to a neighboring state? Its custody rules may differ. Read our guides for Colorado, Idaho, Montana, Nebraska, South Dakota and Utah.
Changing custody
Under W.S. 20-2-204, either parent can ask the court to enforce or modify a custody or visitation order. To change it, the judge needs two findings:
- a material change in circumstances since the order was entered, and
- that the change serves the child's best interests under the W.S. 20-2-201 factors
- Blocked visits: a custodial parent's repeated, unreasonable refusal to allow ordered visits may count as a material change.
- Old facts: the court's instructions say a condition that already existed at the last order does not count.
- No waiting period: we found no Wyoming rule that bars a modification request for a set time.
- Contempt: a parent who willfully breaks the order can be held in contempt. The court can also award lawyer fees and costs.
- Military duty: under W.S. 20-2-205, deployment alone is not a material change. Orders changed because of deployment are temporary.
- The paperwork: attach a certified copy of the current order, under W.S. 20-2-203.
A certified copy is a copy the clerk stamps as a true copy. Ask for one at the clerk's office.
Parenting plans, classes and mediation
Wyoming statutes set no statewide standard visitation schedule. Parents can agree on a detailed parenting plan, or the judge sets one.
- Detail required: custody must be in "well defined terms," and visitation detailed enough to follow. Orders must also split the cost of transporting the child.
- The court's form: the self-help order offers options such as every other weekend, weekends by even or odd Fridays and a summer schedule.
- Parenting classes: under W.S. 20-2-201(f), the court may require them at any time. If ordered, file the instructor's certificate of completion.
- Mediation: no Wyoming statute requires mediation in custody cases. Under Civil Procedure Rule 40(b), a judge may send a case to mediation or a settlement conference.
- Asking for it: if either party asks, the rule says the court shall assign the case to a judge or other qualified person.
- Choosing the mediator: parents can agree on one. If they cannot, the court appoints someone.
- Deadlines continue: sending a case to mediation does not pause deadlines or cancel hearings.
Under Civil Procedure Rule 26, each parent must also disclose the facts behind their custody claim. That is due within 30 days after the answer is due.
Grandparents, other caregivers and an absent parent
Under W.S. 20-7-101, a grandparent or great-grandparent can file a case for reasonable visitation.
- The test: visits must serve the child, and the parents' rights must not be "substantially impaired."
- Costs: if the court appoints a guardian ad litem, the grandparent pays. That is a person appointed to represent the child's interests.
- After adoption: no case can be brought if neither adoptive parent is related to the child by blood.
- Other caregivers: under W.S. 20-7-102, a non-relative who was the child's primary caregiver for six of the last 18 months can seek visits.
No Wyoming statute ends parental rights after any fixed absence. Termination takes a court order, on clear and convincing evidence, meaning facts shown to be highly probable.
- One year: under W.S. 14-2-309, a child left with others for a year, with no support or contact from the absent parent, is one ground.
- Small gestures: the court may disregard occasional payments or incidental contact when counting that year.
- Adoption: under W.S. 1-22-110, consent may not be needed from a parent who willfully abandoned the child.
- Unpaid support: the same applies after a year of willful nonsupport, if it is not brought current within 60 days of service.
How to file for custody in Wyoming
Wyoming must usually be the child's home state, under W.S. 20-5-301. That means the child lived here with a parent for the six months before filing.
- Choose the packet. Never-married parents use Packet 11, Establishment of Custody, Visitation, and Support. Married parents use Packet 1, Divorce with Minor Children.
- Check paternity. Packet 11 assumes both parents are on the birth certificate. If not, contact your local child support agency first.
- Fill in the forms. These are the Petition to Establish Custody, Visitation, and Child Support, the Confidential Statement of the Parties and the Summons.
- Sign before the clerk or a notary. Do not sign the petition ahead of time. Our guide to filing custody papers walks through the general steps.
- File with the clerk of district court in the county where you or the other parent lives. Pay the fee or ask for a waiver.
- Serve the other parent within 90 days. Use the sheriff, or have them sign an Acknowledgment and Acceptance of Service before a notary.
- Exchange initial disclosures within 30 days after the response is due.
The other parent has 20 days to respond if served in Wyoming, or 30 days if served elsewhere. For a divorce, one spouse must have lived here for 60 days before filing. The Judicial Branch self-help page has every packet.
How much does it cost to file for custody in Wyoming?
Fees come from W.S. 5-3-206, which the district court fee rules adopt. The same base fee applies to new cases and to cases reopened after a final decree.
| Filing | Fee |
|---|---|
| Petition to establish custody, visitation and support | $160 |
| Divorce complaint | $160 |
| Petition to modify custody (reopening a decided case) | $160 |
| Sheriff's service of papers | About $50, per the court's instructions |
| Domestic violence protection order | Free |
| Filing an acknowledgment of paternity | Free |
The $160 includes $40 for court automation and $10 for civil legal aid. These figures were last checked October 29, 2026. Confirm them with your clerk before filing.
If you cannot afford the fees, file an Affidavit of Indigency and Request for Waiver of Fees. Filing it costs nothing. A granted waiver can also cover the sheriff's fee.
What changed recently
- March 9, 2026: the governor signed a resolution naming April 26 Shared Parenting Day. It does not change custody law.
- February 11, 2026: Senate File 93 failed introduction. It would have required shared custody in many temporary orders.
- July 1, 2025: protection order changes took effect. A district attorney or guardian can now file for a victim, and extension orders can be served by mail.
- July 1, 2025: a protection order now stays in effect during an appeal, unless a court pauses it.
- March 2025: House Bill 83 added the sex offender factor and the presumption against unsupervised visits.
- March 3, 2025: Senate File 117, a shared-custody presumption bill, died in committee.
- July 1, 2024: the Uniform Child Abduction Prevention Act took effect as W.S. 20-8-101 to 20-8-112.
Apart from House Bill 83, we found no 2024 to 2026 change to the custody sections, W.S. 20-2-201 to 20-2-205. Last checked October 29, 2026. Laws can change, so check before you rely on this.
Building the record
Wyoming judges ask how each parent gives care, keeps to set times and respects the other parent's role. Early in the case, you must also disclose the facts behind your custody claim.
Write down each handover, school task and medical visit on the day it happens. Casewell stores those dated entries alongside the related messages, so you can export a clear timeline for your lawyer.
Before you record a call or a handover, check whether you can record your co-parent in Wyoming.
A Wyoming custody record
Wyoming judges weigh each parent's care, reliability at set times and respect for the other home. Update these items as things happen, so the details are on hand.
Court timeline
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Is Wyoming a 50/50 custody state?
No. Wyoming law tells judges not to favor or disfavor any form of custody. Equal time can be ordered when it serves the child.
Who has custody of a child born to unmarried parents in Wyoming?
We found no Wyoming statute that gives either parent custody by default. Once paternity is established, either parent can ask the district court to set custody and visitation.
How do I get emergency custody in Wyoming?
If there is abuse, a circuit court protection order can give you temporary custody within days. In a divorce or paternity case, you can ask the district court for a temporary custody order.
How long does a father have to be absent to lose his rights in Wyoming?
No fixed absence ends parental rights on its own. Termination needs a court order. One ground is leaving a child with others for a year without support or contact.
At what age can a child decide which parent to live with in Wyoming?
Wyoming sets no age. The child's wishes are not a listed factor, but a judge may weigh them as another relevant factor.
How much does it cost to file for custody in Wyoming?
The district court filing fee set by statute is $160. Protection orders are free. If you cannot afford the fee, you can ask the court to waive it.
Sources
This page summarizes Wyoming Statutes titles 1, 5, 14, 20 and 35, court rules and 2024 to 2026 session laws, as of October 2026. It explains the law in general terms and is not legal advice.
- W.S. 20-2-201 — custody disposition and best-interest factors checked
- W.S. 20-2-202 — visitation and 30-day moving notice checked
- W.S. 20-2-204 — enforcement and modification checked
- W.S. 14-2-601 to 14-2-608 — acknowledgment of paternity checked
- W.S. 35-21-105 — protection order remedies and temporary custody checked
- W.S. 5-3-206 — district court civil filing fees checked
- Wyoming Rules of Civil Procedure (Rules 26 and 40) checked
- Wyoming Judicial Branch — self-help family law forms checked
- House Bill 83 (2025), Enrolled Act No. 60 — sex offender custody presumption checked
- Senate File 117 (2025) — shared parenting bill, died in committee checked