**This classroom will assist you if the other parent has requested to modify custody and child support.**If you wish to respond to a request to modify child support only, a separate classroom is available. Please see the Introduction for those links.
Qualifying for a modification of custody: In order to modify/change your current custody arrangement, you must show the Court that there has been a material change in circumstances.
a. Material change in circumstances: means that something has occurred that changes the circumstances of the child's life significantly enough that it would change the court's original decision of what is in the best interest of the child. (Wyo. Stat. §20-2-201(a)). A condition which existed when the custody order was entered is not a material change of circumstances.
b. Burden of proof: It is up to the person (here the Petitioner) trying to modify/change the original custody arrangement (found the the Decree of Divorce or Order Establishing Custody, Visitation, and Child Support to show/prove that a material change in circumstances has occurred since the entry of the original/last Order. **NOTE: you cannot change custody or support until 6 months AFTER an order has been entered**
c. Judges have broad decision-making authority: Custody, visitation, child support, and alimony are up to the discretion of the district court judge. The welfare and needs ("best interests") of the children are to be given top consideration. The Judge will look at all of the facts of the case, and then decide what arrangement is going to work best for the child. Determining the best interests of the child is something the Judge alone gets to decide . A Judge’s decision is very hard to overturn.
Modifying child support: Often when a person seeks to modify child custody, child support will also be affected. If that is the situation in your case, this packet includes information to modify child support too. If you believe there has been a material change in circumstances warranting a change in custody, you may move forward with this packet.