Wyoming Child Custody Laws (2026): Shared Custody Presumption, SF0117, and Your Rights

Wyoming decides child custody based on the best interests of the child under W.S. 20-2-201. As of July 1, 2025, Senate File SF0117 added a strong rebuttable presumption that courts shall enter a shared-custody order (joint legal and joint physical custody with substantially equal time) for all new cases, unless a listed exception applies.

How does Wyoming decide child custody?

Wyoming family courts apply the best interests of the child standard under W.S. 20-2-201 to every custody determination. The statute provides a non-exhaustive list of factors rather than a rigid numbered formula, giving courts flexibility to focus on the specific circumstances of each child and family. Cases are heard in the district court of the county where the child resides. Under SF0117, effective July 1, 2025, courts are directed to start from a presumption of shared custody for new actions rather than approaching the case as a blank slate. Both parents have the opportunity to present evidence on the statutory factors. In contested cases, a guardian ad litem may be appointed to represent the child's independent interests before the court.

Types of custody in Wyoming

Wyoming recognizes three custody concepts. Legal custody is the authority to make major decisions about the child's upbringing, including education, non-emergency medical care, and religious instruction. Physical custody refers to where the child resides and when each parent has parenting time. Shared custody, newly defined through SF0117, refers to an arrangement that combines joint legal custody with joint physical custody and substantially equal parenting time between both parents. Either element can be sole or joint independent of the other, and the court may assign different arrangements for legal decision-making and physical time. Prior to SF0117, courts also used the terms primary and secondary residential parent when one parent had substantially more parenting time.

Does Wyoming presume joint or 50/50 custody?

Yes. Wyoming enacted SF0117 (effective July 1, 2025), which established a strong rebuttable presumption of shared custody for all custody actions filed on or after that date. "Shared custody" means joint legal custody plus joint physical custody with substantially equal parenting time. The court must enter a shared-custody order unless one of the following exceptions applies:

• The parties reach a different agreement that the court approves
• A parent has been found guilty of a domestic violence crime or child abuse
• The parties reside more than 300 miles apart from each other
• Clear and convincing evidence demonstrates that a different arrangement is in the child's best interest

The "clear and convincing" evidentiary burden is a higher standard than the ordinary preponderance of evidence, reflecting the legislature's strong preference for equal parenting involvement. Wyoming joins Kentucky, Arkansas, West Virginia, Florida, and Oklahoma in adopting a presumption of substantially equal time, making it one of the most parent-equal states in the country for cases filed on or after July 1, 2025.

The best interests factors Wyoming courts weigh

W.S. 20-2-201 provides a non-exhaustive list of factors Wyoming courts consider when evaluating custody arrangements:

• The quality of the child's relationship with each parent
• Each parent's ability to provide and arrange appropriate care for the child
• Each parent's competency and fitness as a parent
• Each parent's willingness to accept all parenting responsibilities
• Each parent's ability to maintain a loving, stable relationship with the child
• The quality and consistency of parent-child interaction
• Each parent's willingness to allow the other parent to provide care without undue intrusion
• The geographic distance between the parents' homes
• Other factors the court finds relevant to the specific case

The list is intentionally non-exhaustive. Domestic violence findings require courts to weigh safety concerns heavily and may rebut the SF0117 presumption directly. The court may also consider the reasonable preferences of a mature child, though no statute sets a specific age at which a child's preference becomes controlling.

Relocation: moving with your child

Under W.S. 20-2-201, a parent who intends to move to a different city or state must provide the other parent with at least 30 days written notice before the move. Wyoming courts treat relocation as potentially significant: a move of substantial distance may constitute a material change in circumstances sufficient to reopen a custody order under W.S. 20-2-204. When relocation is contested, the court considers how the proposed move will affect the child's relationship with both parents, the reason for the move, and whether a modified parenting schedule can preserve meaningful contact with both parents. Under the SF0117 shared-custody framework, a parent who relocates more than 300 miles away removes the case from the presumption entirely, and the court reverts to a best-interests analysis.

Changing a custody order (modification)

Wyoming allows modification of an existing custody order under W.S. 20-2-204 upon a showing of a material change in circumstances since the prior order was entered, combined with a finding that the modification is in the child's best interest. Wyoming does not impose a mandatory two-year waiting period before modification can be sought. However, courts are generally reluctant to disturb a recently entered order without genuine new circumstances. Common examples of a material change include a parent's relocation, a significant shift in a parent's work schedule, a change in the child's educational or medical needs, a parent's remarriage or cohabitation that materially affects the child, or a change in a child's own preferences as the child matures. Custody arrangements often interact directly with child support obligations; see the Wyoming child support laws page for how parenting time affects support calculations in Wyoming.

If you are facing a custody case in Wyoming

Whether you are filing an original action or responding to one, understanding the SF0117 framework shapes your strategy. For cases filed on or after July 1, 2025, the presumption runs toward shared custody with substantially equal time. If you support equal time, your primary task is showing you are fit, willing, and able to provide care during your half of the schedule. If you believe a different arrangement is warranted, you must be prepared to present clear and convincing evidence to overcome the presumption. In either case, document your involvement in the child's daily life: school activities, medical appointments, meals, and overnights all demonstrate your practical role. Propose a detailed parenting plan specifying legal-custody arrangements and a month-by-month physical-custody calendar. Wyoming encourages mediation to resolve contested matters before trial. For disputes involving domestic violence, relocation, or allegations of abuse, consult a licensed family-law attorney in Wyoming before filing or responding.

This article is general legal information, not legal advice. Child custody law varies by state and turns on the specific facts of each family. For advice about your situation, consult a licensed family-law attorney in Wyoming.

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Sources

• W.S. 20-2-201 (Child custody; factors)
• W.S. 20-2-204 (Modification of custody or visitation)
• SF0117 (2025 Session, eff. 7/1/2025)
• Wyoming District Courts (Wyoming Judiciary)

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Related pages: Child Custody Laws by State (hub) | Wyoming Child Support Laws | Wyoming Alimony Laws | Wyoming Emancipation Laws