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That said, this doesn't mean that children under 18 can't express an opinion as to which parent they'd rather live with. Case law in Wyoming has held for quite some time that a child's preference is a factor for a judge to consider in rendering a custody decision.
If you are petitioning to establish or modify child custody: Quality of the relationship with each parent. Ability of each parent to provide adequate care. Relative competency and fitness of each parent. Each parent's willingness to embrace the responsibilities of parenting.
In nearly every case, the main concern in creating a custody arrangement will be the child's best interests. District courts in Wyoming are permitted to consider any factor that may be relevant to the child's best interests, giving more influence to those factors that can affect the child's safety and well-being.
The Basics of Child Custody The courts assess the quality of the child's relationship with each parent and consider factors such as the parent's ability to provide for the child's physical and emotional needs, as well as their willingness to assume full responsibility for raising the child.
With joint legal custody, both parents have a say in child-rearing decisions. In a sole physical custody scenario, the child resides with one parent. With joint physical custody, the child lives with each parent for certain periods, which can be anywhere from a few days a week to several months at a time. (Wyo.
Protection of parental rights. (a) The liberty of a parent to the care, custody and control of their child is a fundamental right that resides first in the parent.
Legal custody and physical custody have subcategories: "sole" custody and "joint" custody. Sole legal custody means only one parent has major decision-making authority. With joint legal custody, both parents have a say in child-rearing decisions. In a sole physical custody scenario, the child resides with one parent.
Wyoming joint physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. Wyoming requires that each parent host 92 or more overnights, or 25% of the time per year, to qualify for joint physical custody.