Shared custody-amendments.

26LSO-0026
2026
STATE OF WYOMING
26LSO-0026
Numbered
2.0

SENATE FILE NO. SF0093

Shared custody-amendments.

Sponsored by: Senator(s) Pearson, Boner, Hutchings and Steinmetz and Representative(s) Andrew, Heiner, Lucas, McCann, Schmid, Singh, Smith and Wharff

A BILL

for

AN ACT relating to domestic relations; amending considerations for determining the child's best interests for custody matters; specifying requirements for shared custody considerations for child custody dispositions; providing definitions; requiring court findings for specified child custody dispositions; making conforming amendments; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 20
‑
2
‑
206 is created to read:

20
‑
2
‑
206.

Child custody; required findings.

If the disposition of children or a determination of custody made under this article does not allocate custody equally among both parents, the court's order or decree shall include specific findings of facts, based on sworn testimony presented at any hearing held, regarding why the factors specified in W.S. 20
‑
2
‑
201(a) supports the custody determination made and the conclusions of law supporting the court's decision.

Section 2.

W.S. 20
‑
2
‑
101(g), 20
‑
2
‑
201(a) by creating a new paragraph (xi), by renumbering (xi) as (xii), (d) and by creating a new subsection (j), 20
‑
2
‑
204(c) and 20
‑
2
‑
309(a)(iv) are amended to read:

20
‑
2
‑
101.

Void and voidable marriages defined; annulments.

(g)

All decrees of annulment may include provisions for the custody and support of children pursuant to this article, W.S. 20
‑
2
‑
201 through 20
‑
2
‑
204
, 20
‑
2
‑
206
and 20
‑
2
‑
301 through 20
‑
2
‑
315 and for the division of property pursuant to W.S. 20
‑
2
‑
114.

20
‑
2
‑
201.

Disposition and maintenance of children in decree or order; access to records.

(a)

In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14
‑
2
‑
401 through 14
‑
2
‑
907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

(xi)

Evidence that either parent has knowingly provided false information to the court regarding any prior or pending civil or criminal action regarding domestic violence, sexual assault, child abuse, child abandonment or child neglect;

(xi)
(xii)

Any other factors the court deems necessary and relevant.

(d)

The court shall order custody in well defined terms to promote understanding and compliance by the parties.
In determining custody a court shall not favor or disfavor any form of custody.
Custody shall be crafted to promote the best interests of the children,
and may include any combination of joint, shared or sole custody
subject to the following:

(i)

For temporary orders or decrees determining custody, the court shall order shared custody on a temporary basis pending the final custody disposition, unless the court expressly finds by a preponderance of the evidence that shared custody would not be in the children's best interests;

(ii)

For final orders or decrees determining custody after shared custody has been ordered under paragraph (i) of this subsection, the court shall consider the shared custody of the children and hear from both parents on the shared custody arrangement. The court shall order shared custody for the final order or decree unless the court finds that shared custody was unsuccessful or unless the court finds facts and circumstances showing that shared custody is not in the children's best interests;

(iii)

If the court does not order shared custody in the temporary or final custody order or decree, the court shall explain in writing the reasons for finding that shared custody is not in the children's best interests
.

(j)

For purposes of this article:

(i)

"Joint legal custody" means that both parties share the decision
‑
making rights, responsibilities and authority related to the health, education and welfare of the child;

(ii)

"Joint physical custody" means that the child physically resides with each party for a substantially equal amount of time each calendar year, with a parental plan crafted to promote the child's best interests;

(iii)

"Shared custody" means a child custody arrangement that includes both joint legal custody and joint physical custody;

(iv)

The terms "time" and "visitation" are used interchangeably for purposes of this article.

20
‑
2
‑
204.

Enforcement and modification.

(c)

A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children pursuant to W.S. 20
‑
2
‑
201(a)
and subject to the requirements of W.S. 20
‑
2
‑
206(a)
. In any proceeding in which a parent seeks to modify an order concerning child custody or visitation, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other parent in violation of an order may be considered as evidence of a material change of circumstances. Any modification under this subsection shall be subject to the limitations and requirements of W.S. 20
‑
2
‑
205
and 20
‑
2
‑
206(a)
.

20
‑
2
‑
309.

Contents of orders; change of address or employment; income withholding entered; payment.

(a)

All orders shall include the:

(iv)

Right of either party or, when appropriate, the department of family services to petition to enforce an order pursuant to W.S. 20
‑
2
‑
201 through 20
‑
2
‑
204
, 20
‑
2
‑
206
, 20
‑
2
‑
310 and 20
‑
2
‑
311(d).

Section 3
.

This act shall apply to all petitions, motions and actions for establishing the custody of a child filed on and after July 1, 2026.

Section 4
.

This act is effective July 1, 2026
.

(END)

1
SF0093