best interests of the child for wyoming

Whenever a divorce, separation, or annulment of marriage is granted, or when paternity is established, the Wyoming Statutes may make by decree or order any disposition of the children that appears to be the most expedient and in the children’s best interests.

When establishing what is in the best interests of the child, the court must consider a number of considerations, including but not limited to the following: WY Stat § 20-2-201

  1. The quality of the relationship each child has with each parent;
  2. 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;
  3. The relative competency and fitness of each parent;
  4. 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;
  5. How the parents and each child can best maintain and strengthen a relationship with each other;
  6. How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;
  7. 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;
  8. Geographic distance between the parents’ residences;
  9. The current physical and mental ability of each parent to care for each child;
  10. Any other factors the court deems necessary and relevant.

In a proceeding when custody of a child is an issue, the court shall not select one parent purely based on gender and gender shall not be a criterion for the selection of a custodian.

The court shall consider evidence of domestic violence, child abuse, or abuse inside the family as being detrimental to the children’s best interests. In cases where domestic violence has been proven, the court must take measures to protect the children and the spouse who has been abused from further injury.

The court shall issue custody orders in clear terms to facilitate comprehension and compliance on the side of the parties.

A court shall neither favor or disfavor any form of custody while determining custody. Custody arrangements shall be made in the child’s best interests and may include any combination of joint, shared, or solo custody.

Adjudication of Paternity

In circumstances involving paternity determinations, the court shall appoint an attorney to represent the child’s best interests. The court shall examine the following factors in deciding the child’s best interests: WY Stat § 14-2-823

  1. The length of time between the proceeding to adjudicate parentage and the time that the adjudicated father was placed on notice that he might not be the genetic father;
  2. The length of time during which the adjudicated father has assumed the role of the father of the child;
  3. The facts surrounding the adjudicated father’s discovery of his possible nonpaternity;
  4. The nature of the relationship between the child and the adjudicated father;
  5. The age of the child;
  6. The harm that may result to the child if adjudicated paternity is successfully disproved;
  7. The nature of the relationship between the child and any alleged father;
  8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and
  9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the adjudicated father or the chance of other harm to the child.

Deny Motion for Genetic Testing

A court may deny a motion seeking an order for genetic testing of the mother, child, and presumed or acknowledged father if the court determines that the mother or presumed or acknowledged father’s conduct prevents that party from complying.

When deciding whether to deny an application for genetic testing, the court shall consider the child’s best interests, taking into account the following factors: WY Stat § 14-2-808

  1. The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
  2. The length of time during which the presumed or acknowledged father has assumed the role of father of the child;
  3. The facts surrounding the presumed or acknowledged father’s discovery of his possible nonpaternity;
  4. The nature of the relationship between the child and the presumed or acknowledged father;
  5. The age of the child;
  6. The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
  7. The nature of the relationship between the child and any alleged father;
  8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child support obligation in favor of the child; and
  9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.

A juvenile or incapacitated child shall be represented by a guardian ad litem in any process concerning the motion. Denial of a motion seeking an order for genetic testing shall be based on clear and convincing evidence.