A small child in a blue jacket walking between two parents, holding a hand of each
Child custody · Teton County District Court, Jackson
Child custody · Wyoming law, Teton County practice

Child custody and parenting plans under Wyoming law.

Nothing in a divorce is harder than the schedule, and nothing lasts longer: in Teton County one judge writes where your children sleep for years. Wyoming decides custody on one standard, the best interests of the children, with eleven factors and wide discretion. No presumption of equal time, no age at which a child chooses, no preference for mothers. What wins is a record, and I start building it at the first meeting: who does the school runs, who hands over on time, what the parenting plan should say.

Start
A paid, scheduled meeting, in Jackson or by video
Schedule
Call
40 E Simpson Ave, Jackson, two blocks from the district court
Do not
Move out, or move the children, before there is an order.
The arrangement in place when the judge first sees the case tends to become the arrangement, and a parent who takes the children out of state can be ordered back by a restraining order entered on request.

Call or text me. Clients get my cell number from day one, and I answer. Just been served? Here's what happens next.

Contact me now.

Three fields, thirty seconds. My office calls you back, usually the same business day.

Sending this doesn't create an attorney-client relationship, and I can't treat it as confidential until we've cleared conflicts, so keep it general. By sending, you agree we may reply by phone, email, or text.

Three things to know before the hearing.

Best interests, eleven factors.

Custody is decided by the children's best interests (W.S. § 20-2-201(a)). The statute lists eleven factors, quoted below, and forbids preferring a parent for gender or favoring any form of custody. There is no presumption; the judge starts from the evidence.

Legal and physical.

Legal custody is the large decisions. Physical custody is where the children live. Each can be joint or sole. Joint legal custody with one primary home is the most common order; shared physical custody follows when parents live close and can speak to each other.

Well defined terms.

Custody must be ordered "in well defined terms" (W.S. § 20-2-201(d)) and visitation "in enough detail," with transportation costs allocated and thirty days' notice before a parent moves (W.S. § 20-2-202(a)). The parenting plan supplies it: the week, holidays, exchanges, decisions.

What the judge is weighing.

Evidence, not opinion

Every factor is something a judge can see in a record: who took the child to the dentist, who handed the child over on time. Primary-caregiver status is "a weighty consideration" that "is not in all cases ultimately determinative": the parent at home has the advantage on the first, second and ninth factors and can lose it on the fourth and seventh by treating the other parent as a visitor. A year of school pickups and civil texts is evidence; a list of the other parent's faults is an opinion.

The statute's factorsW.S. § 20-2-201(a)
  • 01The quality of the relationship each child has with each parent
  • 02The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed
  • 03The relative competency and fitness of each parent
  • 04Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times
  • 05How the parents and each child can best maintain and strengthen a relationship with each other
  • 06How the parents and each child interact and communicate with each other and how such interaction and communication may be improved
  • 07The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent's rights and responsibilities, including the right to privacy
  • 08Geographic distance between the parents' residences
  • 09The current physical and mental ability of each parent to care for each child
  • 10Whether either parent has a conviction for which the parent must register as a sex offender
  • 11Any other factors the court deems necessary and relevant

Quoted from W.S. § 20-2-201(a)(i)–(xi) as in force in September 2026. Subsection (b) forbids preferring a parent "solely because of gender"; subsection (c) treats evidence of spousal or child abuse as contrary to the children's best interests; subsection (d) forbids favoring or disfavoring any form of custody.

Two packed overnight bags, a stuffed rabbit and a lunch box on a kitchen table
Two homes, one child: the plan has to be written in well defined terms
The temporary hearing is the first trial. Prepare for it like one.
A consultation is a scheduled working session, in person in Jackson or by video.
A mudroom with two sets of children's ski boots and jackets
The plan has to work in a Jackson winter: two houses, one pair of ski boots

Temporary orders, violence, relocation, and the rest.

First weeks, abuse, the child's preference, two states, moving, unmarried parents, evaluators

Temporary orders and the status quo

Most custody cases in Teton County are decided twice: once at a temporary hearing, weeks after filing, and once at trial or settlement many months later. The court may order "the care and custody of the minor children" during the case on either parent's application (W.S. § 20-2-112(b)), on affidavits and a short hearing, before anyone has taken a deposition. That order will have governed the children's lives for six months or a year by the time the final one is decided, and judges do not lightly rewrite an arrangement that has been working. Keep the children's routine intact, and keep yourself in it.

Family violence

The court "shall consider evidence of spousal abuse or child abuse as being contrary to the best interest of the children," and where it finds that family violence occurred it must arrange visitation that protects the children and the abused spouse from further harm (W.S. § 20-2-201(c)). A parent required to register as a sex offender faces a rebuttable presumption against unsupervised visitation. Protection orders and criminal charges run alongside the custody case and are read by the same judge. If there has been violence in your home, say so at the first meeting, whichever side of it you were on. Two smaller provisions: the court can require parenting classes, and the parent without custody keeps the same access to school and medical records unless the court orders otherwise.

The child's preference

There is no age at which a Wyoming child chooses. The preference of a child "of sufficient age and maturity" is a factor the court must consider seriously and may not treat as conclusive, and the Supreme Court has listed what goes into weighing it: the child's age, the reason for the preference, the relative fitness of the two parents, any hostility toward the parent not preferred, the preference of siblings, and whether one parent has influenced the answer. A preference with a stated basis, plainly expressed, gets more weight than one the child cannot explain. In Teton County the judge hears it in chambers, with the court reporter and the lawyers present and the parents outside, and each side may submit three questions. Children are not put on the stand.

Two states

Wyoming can decide custody only if it is the child's home state, which the Uniform Child Custody Jurisdiction and Enforcement Act defines as the state where the child has lived with a parent for the six consecutive months before the case was filed (W.S. § 20-5-202(a)(vii)); that home-state status is what gives a Wyoming court jurisdiction to make the first custody decision (W.S. § 20-5-301(a)(i)). A parent who arrives in Jackson in June and files in August has usually filed in the wrong state, and a parent who leaves with the children does not take the case along. My post on which state decides custody and support walks through the home-state rule.

One parent wants to move

Relocation is the hardest custody dispute there is, because no schedule splits a child between Jackson and Denver. The statute requires thirty days' written notice of a move, and the Supreme Court has held since 2012 that a custodial parent's relocation, and the distance it creates, can itself be the material change that reopens custody. The post on relocation cases covers what courts weigh and why you must not move first; the page on changing or enforcing an order covers the standard once an order exists.

Unmarried parents

The same eleven factors apply "upon the establishment of paternity," and a child born to unmarried parents "has the same rights under the law" as any other. What differs is the first step. A husband is presumed to be the father of a child born during the marriage; an unmarried father is established by a signed acknowledgment of paternity, which the statute makes the equivalent of a court judgment, or by a paternity action with genetic testing (W.S. § 14-2-501). Until one of those exists there is no custody order to enforce and no support order to collect. Grandparents may sue for reasonable visitation, but only where it serves the child and does not substantially impair the parents' rights (W.S. § 20-7-101).

Evaluators, guardians ad litem, and the court

In a contested Teton County custody case the court requires a guardian ad litem, a lawyer whose client is the child, who investigates the children's circumstances and argues a position at trial; the Supreme Court has held that a guardian ad litem may not testify as a witness and makes recommendations through closing argument. How each parent treats that lawyer is itself evidence on the seventh factor. The court may also appoint a neutral evaluator, usually a psychologist, to interview both parents and the children, visit both homes, talk to teachers and doctors, and write a report with recommendations. The report is not the decision, but it is the most-read document in the file; my post on preparing for a custody evaluation explains what evaluators do and the mistakes that show up in their reports. Trials are to the bench, the judge who signs the temporary order is the judge who tries the case a year later, and mediation comes first if either parent asks for it. The divorce page covers the residency rule and the timeline; child support is set in the same decree by a formula of its own.

What parents ask first.

Is Wyoming a 50/50 custody state?
No. The statute tells the court not to favor or disfavor any form of custody and to order whatever combination of joint, shared or sole custody serves the children, which is the opposite of a presumption. Equal or near-equal schedules are ordered in Teton County when the facts support them, and the fact that matters most is whether the parents live close enough and speak civilly enough to run two homes on one calendar. The Supreme Court has called cooperation an important factor in any shared arrangement.
At what age can a child choose which parent to live with in Wyoming?
There is no such age. A child of sufficient maturity has a preference the court must consider seriously, and no child has one the court must follow. Judges weigh the child's age, the reason given, the parents' relative fitness, any hostility toward the parent not chosen, what the siblings want, and whether one parent has shaped the answer. Children are not put on the stand; the judge learns their views in chambers, from the guardian ad litem, or from an evaluator.
Does the mother automatically get custody in Wyoming?
No, and the statute says so: the court shall not prefer one parent as custodian solely because of gender. What the court does prefer is the parent who has been doing the work, and in many families that has been the mother. Primary-caregiver status is, in the Supreme Court's words, a weighty consideration that is not always determinative, and a father who has been arranging care, attending appointments and handing the children over on time has the same evidence to offer.
What should a Wyoming parenting plan include?
Enough detail that the two of you never have to guess. The regular schedule by day and week, including school nights. Holidays and long weekends, alternated or fixed, with times. Summer and school breaks, with notice dates for vacation travel. Exchanges, who drives, and how transportation costs are shared, which the statute requires. Who decides school, medical care and activities, and what happens when you disagree. How the parents communicate and how the children reach the other parent. The thirty-day written notice before a move. And how changes are proposed.
How long does a custody case take in Teton County?
It depends on whether it is contested. A temporary order can be in place within weeks of filing, on affidavits and a short hearing. A case the parents settle on a written parenting plan can be finished within a few months. A case that is tried, with the guardian ad litem the court requires and often an evaluation, commonly takes the better part of a year, and the temporary order governs the whole time, which is why I treat the temporary hearing as the first trial.
Can I move with my children within Wyoming without the other parent's permission?
Read your order first; most Teton County orders address moves. A parent changing home city or state must give thirty days' written notice to the other parent and the clerk of district court, stating date and destination. Notice is not consent. If the move changes the schedule, the other parent can object; since 2012 the Supreme Court has treated a custodial parent's relocation, and the distance it creates, as a change that can reopen custody. A move within the valley is logistics; Casper or Boise is a custody case.
Tool · two minutesWyoming child support calculatorThe statute's table, gross to net, shared custody. Run it before anyone quotes you a number. Run the calculator →
Start

Start with a confidential conversation with Aaron Herzberg.

A consultation is a scheduled working session, in person in Jackson or by video, in which we go through your situation and I tell you what I would do. It is a paid working session, not a sales pitch. The fee is quoted when we schedule. Your note reaches me directly, my office runs the conflicts check and puts the meeting on my calendar, and you can call or text any time.

40 E Simpson Ave, Jackson, WY 83001 · by appointment · video consultations for out-of-state clients · info@puzzlegroup.com

Write to me

A sentence or two is plenty. Read by a person, not a call center, usually the same business day.

Sending this doesn't create an attorney-client relationship, and I can't treat it as confidential until we've cleared conflicts, so keep it general. By sending, you agree we may reply by phone, email, or text.

  1. Your note reaches me directly; my office runs the conflicts check, usually the same business day.
  2. My office calls to schedule the consultation and confirms the fee.
  3. We meet, in Jackson or by video, and you leave knowing what I would do first.