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Custody and Visitation for Children    

If parents are seeking a divorce, the issue of custody will be decided as part of the divorce.  Without a marriage relationship, the issue of custody may be brought before the Court as a paternity or parentage action. Either way, parents have to make plans for where their children will live and how much time they will spend with each parent. These are called custody and visitation arrangements and they are included in the Decree of Divorce or Order Establishing Child Custody and Visitation entered by the judge.[1]

How is custody (the legal responsibility for caring for a child) decided?

• The parents make their own plan or
• The parents use a mediator to help them make a plan or
• If the parents cannot decide, the judge decides 

In determining the best interests of the child, the judge considers many things, including the following factors:

 (i) The quality of the relationship each child has with each parent;

 (ii) The 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;

 (iii) The relative competency and fitness of each parent;

 (iv) Each 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;

 (v) How the parents and each child can best maintain and strengthen a relationship with each other;

 (vi) How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;

 (vii) The 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;

 (viii) Geographic distance between the parents' residences;

 (ix) The current physical and mental ability of each parent to care for each child;

 (x) Any other factors the court deems necessary and relevant.

Domestic Violence and Custody: judges must also weigh evidence of domestic violence as a factor in child custody because Wyoming's law states that domestic violence is not in a child's best interest.

“The court shall consider evidence of spousal abuse or child abuse as being contrary to the best interest of the children.  If the court finds that family violence has occurred, the court shall make arrangements for visitation that best protects the children and the abused spouse from further harm.” Wyo. Stat. Ann. § 20-2-201 (c).

There are two types of custody:

• Physical custody, also called primary or residential custody: Where the children live; and
• Legal custody: Which parent makes the important decisions about things like schools and medical care. It is best when parents can work together. If the parents can get along both parents can share legal custody.

There are three main ways custody can be set up:

a. Sole custody.

• One parent gets physical custody of the children. The other  visitation rights. The parent who does not have physical custody sees the children on a schedule made by the parents (if they can agree) or by the judge (if the parents cannot agree).This is the arrangement in most cases.
• Supervised visitation: If there is a reason, the court may order another adult be around during these visits to keep the children safe.

b. Joint custody. This works in one of two ways:

• Both parents get physical and legal custody. The children spend a substantial amount of time with each parent overnight and each parent has an equal say in making decisions about the children. Both parents must be able to cooperate for joint custody to work. If joint custody does not work, the court can change the arrangement and award primary or physical custody to one parent; or
• Both parents get legal custody but only one parent gets physical or primary custody. The other parent gets visitation rights. This is also very common.

 c. Split custody.

If there is more than one child, each parent gets custody of at least one child; one or more children live with one parent and one or more children live with the other parent. The burden for proving that such an arrangement is in the children’s best interests is on the parents.   

Stepparents

Note:  In Wyoming, stepparents are not responsible nor do they generally have any rights for their stepchildren following a divorce, unless they have formally adopted those children.

The information in this site is not intended as legal advice.