How will a judge make a decision about custody?
When deciding who will have custody, the judge will make an arrangement that s/he thinks is in the best interest of your child.1 The judge should not start with any assumption about what type of custody arrangement is best. The judge may order any combination of joint, shared, or sole custody depending on the child’s best interest.2 Some of the factors that the judge will consider are:
- any domestic violence or child abuse committed by the other parent;3
- the quality of the relationship the child has with each parent;
- each parent’s ability to provide proper care for the child, including arranging for childcare if needed;
- how “fit” and “competent” the judge thinks each parent is;
- how willing each parent is to accept all of the responsibilities of parenting, including:
- caring for your child at certain specified times; and
- letting the other parent care for your child at other specified times;
- how the parents and child can best maintain and improve a relationship with each other;
- how the parents and child interact and communicate with each other and how this can be improved;
- how willing each parent is to allow the other parent to provide care without interference and to respect the other parent’s rights and responsibilities, including the right to privacy;
- the distance between the parents’ homes;
- the current physical and mental ability of each parent to care for the child;
- whether either parent has been convicted of a crime that requires him/her to register as a sex offender; and
- anything else the judge believes affects your child’s best interest.1
1 Wyo. Stat. § 20-2-201(a)
2 Wyo. Stat. § 20-2-201(d)
3 Wyo. Stat. § 20-2-201(c)