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Custody and Visitation for Children under 18

During a divorce, parents have to make plans for the care of their children.  Where will the children live?  How much will the children get to visit the other parent?

There are three ways to decide who gets custody of the children:

• The parents decide on their own
• The parents use a mediator help them decide custody 
• A mediator is a person who helps the parents come to an agreement
• This person does not force the parents to agree
• If the parents have lawyers, the lawyers will help too
• The judge decides when the parents cannot agree

In rare cases, an arbitrator will get involved. 

• The arbitrator will make a decision that the court will go by 
• An arbitrator is someone hired by the parents to make divorce decisions 
• The arbitrator is not a judge

There are two types of custody:

• Physical custody:  This type of custody says where the children live. 
• Legal custody:  This type of custody says which parents can make important decisions for the kids.  This includes issues like school and medical care.  If parents can agree on what's good for the kids and can work together well, it is normal for both parents to get legal custody.

Custody can be split in three ways:

• Sole custody:  Only one parent gets custody and other gets visitation. 
• This tends to happen when one parent has abused the children or cannot take care of the children. 
• It also happens when the parents are unable to come a custody agreement and cannot get along.
• Joint custody:  There are two ways this happens. 
• Both parents get physical custody and legal custody of the children.  The children spend equal time with each parent.  Each parent gets equal say in making choices for the children.
• Both parents get legal custody and only one parent gets physical custody.  The other parent gets visitation rights.
• Split custody:  This happens where there is more than one child.  Each parent gets custody of at least one child.  Judges try to avoid this.

How does the judge decide?

The main concern for a judge is the best interest of the children.  Children need to live in the home that makes them safe and happy.  

The judge looks at many things when making this decision.  Some of these include:

• The type of relationship the children has with each parent;
• How well each parent can care for the children;
• The health of the parents;
• If there was any child abuse;
• The child's wishes if he or she is over 13.

Visitation

The parent without custody gets visitation rights. 

• This parent gets to visit the children on a set schedule. 
• If the parents get along, they are allowed to create a schedule. 
• If they don't get along, the judge will make schedule.

If there was abuse in the home

If the spouse without custody was abusive to the child or other spouse then then they may not be allowed to be alone with child during visits. 

Instead, another adult comes to the visits to make sure nothing goes wrong.  This person is called a supervisor. 

The parents can choose a supervisor or have the judge choose one.  When this happens it is called "supervised visitation."

Changing the rules

Wyoming law allows parents to ask courts to change custody and visitation rules.  But you need a good reason.  Some reasons include:

• One parent has broken the rules in a way that is harmful to the children 
• One parent is abusing alcohol or drugs
• One parent is better able to care for the child.  For instance,
• you got a raise or moved to a better home. 
• your ex gets a new boyfriend or girlfriend who is not safe with the children
• One parent moves so that the visitation schedule won't work
• The children 13 or older want to live with the other parent