The One Standard That Governs Everything
Every custody decision in Wyoming — from the first temporary order to the final decree — is guided by a single legal standard: the best interests of the child.
What does that mean in practice? Wyoming courts look at a long list of factors: the quality of each parent's relationship with the child, each parent's ability to actually provide care day-to-day, their willingness to support the child's relationship with the other parent, how well they communicate and co-parent, the stability of each home, and whether there is any history of domestic violence or abuse. No single factor automatically wins the case. Courts weigh everything together — and how well your attorney frames and presents those factors makes an enormous difference.
One thing Wyoming courts are clear about: gender doesn't matter. Fathers and mothers start on equal legal footing.
Critical Strategies: What to Do (and Not Do) From Day One
Most people don't realize that the decisions made at the very beginning of a custody case — sometimes within the first few weeks — can shape the outcome for years. Here is what Aaron tells every new client:
Do NOT Move Out of the Family Home Without a Plan
This is one of the most common — and most costly — mistakes parents make. If you leave the family home without a custody agreement or court order in place, you may be voluntarily surrendering the parenting schedule without realizing it. Once a pattern is established — even informally — courts take note of it.
Before you move out or change your living situation, talk to an attorney and have a custody arrangement in place, either as a written agreement or a court order.
Do NOT Reduce Your Time With Your Children
Along the same lines: if you are considering giving the other parent "temporary" flexibility with the schedule to reduce conflict, understand that what starts as temporary often becomes the baseline the court uses when deciding permanent arrangements. Courts look at what has been working and are reluctant to disrupt it.
Maintain your parenting time. Every week counts.
Temporary (Interim) Orders Are More Important Than Most People Think
When a custody case is filed, the court will typically enter temporary orders fairly quickly — often within weeks. These orders govern custody, parenting time, and sometimes the family home and finances while the case is pending.
Many clients treat temporary orders as a placeholder. That is a mistake. Here's why:
Temporary orders often become permanent orders. Judges are human — when they've seen an arrangement working for 6 to 12 months, they are naturally inclined to keep it in place. The temporary order establishes the status quo, and changing the status quo requires showing it isn't working.
Fight hard at the temporary order stage. If you want joint physical custody, make that argument from day one — not after a year of the other parent having primary time. If you want the children to stay in the family home, say so at the temporary hearing. If there are concerns about the other parent's fitness, raise them early with evidence.
Aaron approaches temporary hearings with the same preparation and intensity as trial — because in many cases, that's exactly what they are.
Document Everything — Starting Now
From the moment you know custody is going to be an issue, start keeping records. This doesn't mean surveilling your co-parent — it means being able to demonstrate your involvement, your children's needs, and any concerning behavior:
- Keep a parenting journal noting school pickups, medical appointments, activities you attend, and meaningful time spent with your children
- Save all text messages and emails with the other parent — especially anything threatening, erratic, or showing lack of cooperation
- Note any missed parenting time or interference
- Keep records of medical appointments, school communications, and extracurricular involvement
Courts respond to evidence. Vague assertions that you're "a good parent" are far less persuasive than a documented record of consistent involvement.
Parenting Plans: Be Specific
Wyoming courts require custody orders to be "well-defined" — vague agreements that leave too much to interpretation create conflict and lead parents back to court. A good parenting plan should address:
- The regular weekly and bi-weekly schedule
- Holiday and school vacation schedules (Christmas, Thanksgiving, spring break, summers)
- Transportation and exchange logistics
- How parents will communicate about the children (platform, response time expectations)
- Decision-making protocols for emergencies
- What happens when a parent travels or is unavailable
- Procedures for modifying the schedule as children get older
The more detail you build into the plan upfront, the less conflict you'll have later — and the less likely you'll end up back in court.
Does My Child Get a Say?
Yes — but not in the way most parents expect. Wyoming courts will consider the preferences of a child who is mature enough to express a reasonable opinion. There is no magic age at which a child's preference becomes controlling.
What the courts won't do is simply ask a child what they want and follow it. Judges are experienced at recognizing when a child has been coached, pressured, or is trying to please a parent. If it appears a parent has been disparaging the other parent in front of the child — or offering incentives to express a preference — courts treat that as a red flag about the parent's conduct, not a reason to reward their preference.
A child's voice matters. But the child's best interests — as the court sees them — always come first.
Domestic Violence and Custody
Wyoming law treats evidence of domestic violence or child abuse as directly contrary to the child's best interests. If a parent has a history of violence, courts can — and do — impose supervised visitation or other protective measures.
That said, Wyoming courts evaluate domestic violence as one factor among many. An isolated past incident is treated differently than a pattern of ongoing abuse. If you are seeking protection from a dangerous co-parent, the approach must be strategic, documented, and credible — courts are appropriately skeptical of unsubstantiated allegations made in the heat of litigation.
If you or your children are in danger, protection orders are available through the Teton County District Court at no cost. Contact the Wyoming Coalition Against Domestic Violence & Sexual Assault at 1-307-755-0992.
Relocating With Your Children
A parent who plans to change their home city or state of residence must provide written notice at least 30 days before the move to the other parent and the clerk of district court, stating the date and destination of the move. A parent who willfully violates an applicable custody or visitation order may face enforcement remedies, including contempt, attorney’s fees, costs, or other court-ordered relief.
Wyoming courts decide custody according to the child’s best interests. State law does not favor or disfavor joint, shared, or sole custody. Depending on the family’s circumstances and the statutory best-interests factors, the court may order joint, shared, sole, or another appropriate custody arrangement.
A proposed relocation can affect an existing parenting plan and may require a court to reassess custody, visitation, transportation, and decision-making arrangements. Wyoming courts evaluate relocation issues under the child’s best interests and the terms of the existing order. A parent should review the governing parenting plan and obtain legal advice before moving in a way that materially affects the other parent’s time with the child.
Relocation is one of the most contentious issues in post-divorce custody. Do not make plans to move without consulting an attorney first.
Modifying a Custody Order
Life changes. Jobs change, relationships change, and children's needs evolve. Wyoming courts can modify a custody order — but they don't do it lightly.
To successfully modify custody, you must prove two things:
- A material change in circumstances has occurred since the current order was entered — something that meaningfully affects the child's welfare
- The proposed modification would be in the child's best interests
What qualifies as a material change? A parent's relocation, a significant change in a parent's work schedule, a child's changing needs as they get older, a parent's remarriage, a child's own expressed preferences as they mature, or documented interference with the other parent's parenting time. Wyoming courts have specifically held that repeatedly and unreasonably denying the other parent their scheduled time is itself a material change that can justify modifying custody.
What doesn't work: Minor disagreements, general dissatisfaction with the order, or wanting more time without a specific change to point to. Courts protect the stability of existing arrangements and require a real reason to disturb them.
Unmarried Parents: Your Rights Matter Too
Custody isn't only a divorce issue. If you and your child's other parent were never married, Wyoming law still governs your rights — but there is an important threshold issue: paternity.
If paternity has not been legally established, the mother is presumed to have sole custody and the father has no legal custody or visitation rights, regardless of his actual involvement in the child's life. Paternity can be established by signing the birth certificate affidavit at the hospital, by written acknowledgment, or by court order.
Once paternity is established, both parents have equal rights and the same best-interests framework applies. Don't wait — if you are an unmarried parent without a court order, you are one disagreement away from having no legal standing to see your child.
