Relocating With a Child After Divorce in Wyoming
A job offer in another city, a new relationship, or a desire to move closer to family — the reasons parents consider relocating after a divorce are understandable. But in Wyoming, moving with your child is not a decision you can make unilaterally. The legal requirements are specific, and getting them wrong can result in contempt proceedings, sanctions, and even a change in custody.
The 30-Day Written Notice Requirement
Under Wyo. Stat. § 20-2-202(a)(iii), any parent planning to change their home city or state of residence must provide written notice to the other parent and the clerk of the district court at least 30 days before the move. This applies whether you have sole or joint physical custody.
The notice must be written — verbal conversations, text messages, or offhand comments do not satisfy the statute. Send it by certified mail or hand-deliver it with a witness to create a verifiable record. File a copy with the court clerk in the county where your divorce decree was entered.
The notice requirement exists to give the other parent time to respond. They may agree to the move and cooperate on adjusting the parenting schedule. Or they may file a motion to prevent the relocation or to modify custody — and the court will schedule a hearing before the move date.
How Courts Evaluate a Proposed Relocation
Wyoming's current legal framework for relocation disputes comes from the Wyoming Supreme Court's decision in Arnott v. Arnott, which overruled the earlier Watt v. Watt standard. Under the old Watt framework, a relocating custodial parent enjoyed a favorable presumption — the burden fell on the objecting parent to prove the move would harm the child.
Under Arnott, that presumption is gone. The court conducts a two-part analysis:
First, is the relocation a material change in circumstances? The court considers the geographic distance involved, how it would disrupt the current parenting schedule, and whether the existing arrangement can realistically continue. A move from Cheyenne to Laramie (50 miles) is a different question than a move from Casper to Florida.
Second, does the modification serve the child's best interests? If the relocation constitutes a material change, the court applies the full statutory best-interest analysis under Wyo. Stat. § 20-2-201(a). The judge weighs factors including each parent's relationship with the child, the child's ties to school and community, the reason for the move, and the feasibility of maintaining the child's relationship with the non-moving parent from the new location.
Neither parent enjoys a presumption. If a material change is found, the court evaluates whether modifying custody serves the child's best interests under Wyo. Stat. § 20-2-201(a). A strong case for the move addresses these questions: Is there a legitimate reason for the move (a real job opportunity, family support network, lower cost of living)? Have you proposed a revised parenting schedule that preserves meaningful time with the other parent? Are you willing to bear the additional transportation costs?
What Happens If You Move Without Notice
Relocating without providing the 30-day notice is one of the most damaging things you can do to your custody standing. The court can:
- Hold you in contempt of court, which may result in fines, payment of the other parent's attorney's fees, or even jail time
- Order the child's immediate return to Wyoming
- Modify custody in favor of the non-moving parent, reasoning that your willingness to disregard the court order reflects poorly on your fitness as a custodial parent
Even if you believe the move is in the child's best interest, the court expects you to follow the process. Unilateral action signals to the judge that you are willing to override the other parent's relationship with the child — and willingness to support the child's relationship with both parents is one of the statutory best-interest factors.
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Practical Steps If You Are Planning a Move
Start early. The 30-day notice is a minimum. If you are considering a significant move, begin the conversation with the other parent well in advance. A cooperative agreement on a revised parenting schedule, submitted jointly to the court, is far less expensive and stressful than a contested relocation hearing.
Prepare a revised schedule. Show the court you have thought through how the child will maintain a relationship with the other parent. For long-distance moves, this typically means extended summer and holiday blocks, regular video calls on a set schedule, and a clear transportation plan (who pays airfare, who handles logistics).
Document your reasons. A relocation driven by a concrete job offer with better pay carries more weight than a vague desire for a fresh start. Gather documentation: the offer letter, cost-of-living comparisons, proximity to family support, and any benefits for the child (better school district, specialized medical care).
Address transportation costs upfront. Under Wyo. Stat. § 20-2-202(a)(ii), the parenting plan must specify how transportation costs are divided. If you are the one proposing to move, offering to absorb the majority of the additional transportation costs demonstrates good faith and makes the judge's decision easier.
When the Other Parent Wants to Relocate
If you receive a relocation notice and oppose the move, you have the right to file a motion to prevent the relocation or to modify custody. You must act quickly — file your motion before the proposed move date so the court can schedule a hearing.
At the hearing, present evidence showing how the move would disrupt the child's stability: their current school, friendships, extracurricular activities, and their relationship with you. If the court finds that the relocation constitutes a material change and that maintaining the current custody arrangement serves the child's best interests, the judge can deny the move or modify custody.
In some cases, the court may allow the move but transfer primary physical custody to the parent who stays — essentially telling the relocating parent that they are free to go, but the child remains.
The Wyoming Child Custody & Parenting Plan Guide covers the relocation process in detail, including sample notice language and a revised-schedule worksheet for long-distance parenting arrangements.
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