IMPORTANT LEGAL NOTICE
This template is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Wyoming family-law practitioners must review, adapt, and finalize this document to meet the specific facts, court rules, and statutory requirements applicable to each case.
CHILD CUSTODY AND PARENTING PLAN AGREEMENT
(Governed by the Laws of the State of Wyoming)
TABLE OF CONTENTS
- Document Header
- Definitions
- Custody & Parenting Time (Operative Provisions)
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits
1. DOCUMENT HEADER
1.1 Parties
This Child Custody and Parenting Plan Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
a. [PARENT A LEGAL NAME], residing at [ADDRESS] (“Parent A”); and
b. [PARENT B LEGAL NAME], residing at [ADDRESS] (“Parent B”).
Parent A and Parent B are each a “Party” and, collectively, the “Parties.”
1.2 Recitals
A. The Parties are the biological/legal parents of the following minor child(ren):
• [CHILD 1 FULL LEGAL NAME], born [DOB]
• [CHILD 2 FULL LEGAL NAME], born [DOB]
(each, a “Child,” and collectively, the “Children”).
B. An action concerning custody of the Children is pending or will be filed in the [NAME OF COUNTY] County District Court, State of Wyoming, Family Division (the “Court”), Case No. [__] (the “Action”).
C. The Parties desire to resolve all issues relating to legal custody, physical custody, parenting time, and related matters in a manner consistent with the best interests of the Children and Wyoming law, including the best-interest factors set forth in the Wyoming Statutes governing custody determinations.
D. In consideration of the mutual covenants herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.
[// GUIDANCE: Identify any existing temporary orders or protection orders in the Recitals if applicable.]
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings indicated. All definitions apply equally to singular and plural forms and to the masculine, feminine, and neuter genders.
“Agreement” has the meaning set forth in the introductory paragraph.
“Arbitrable Issue” means any dispute expressly designated as subject to arbitration under Section 8.3.
“Best Interest Factors” means the statutory considerations the Court must evaluate when allocating custodial rights, including without limitation: (i) the quality of each parent-child relationship; (ii) each parent’s ability to provide care, guidance, and material needs; (iii) willingness to foster the Children’s relationship with the other parent; (iv) stability of each home environment; (v) physical and mental fitness of the Parties; (vi) any history of abuse, neglect, or domestic violence; and (vii) all other factors the Court deems relevant.
“Children” has the meaning set forth in Recital A.
“Court” has the meaning set forth in Recital B.
“Holiday Period” means any period defined as such in Exhibit B.
“Legal Custody” means the right and responsibility to make major decisions regarding the Children’s health, education, and welfare.
“Parenting Time” (or “Visitation”) means in-person time a parent spends with the Children pursuant to Section 3.3 and Exhibit A.
“Physical Custody” means the period during which a parent has actual residential care of the Children.
“Primary Residential Parent” means the parent with whom the Children reside for the majority of overnights during the School Year, if any, as identified in Section 3.2.
“Relocation” has the meaning set forth in Section 5.3.
“School Year” means the academic year of the Children’s primary school, excluding scheduled vacations and holidays.
3. CUSTODY & PARENTING TIME (OPERATIVE PROVISIONS)
3.1 Legal Custody
The Parties agree to [JOINT / SOLE] Legal Custody of the Children. Major decisions will be made as follows:
a. Education: [PROCESS, e.g., mutual agreement required, default tie-breaker protocol, etc.].
b. Non-Emergency Medical: [PROCESS].
c. Religious Upbringing: [PROCESS].
d. Extracurricular Activities: [PROCESS].
[// GUIDANCE: For joint custody, include a detailed decision-making mechanism and tie-breaker steps to prevent deadlock.]
3.2 Physical Custody
- Designation: The Children shall reside primarily with [DESIGNATED PARENT] (the “Primary Residential Parent”) for [___] overnights per calendar year.
- Shared Custody Schedule: Physical Custody is allocated pursuant to Exhibit A (Parenting Schedule), incorporated by reference.
3.3 Parenting Time
a. Regular Parenting Time: See Exhibit A.
b. Holiday & Vacation Schedule: See Exhibit B. Holiday parenting time supersedes the Regular Parenting Time schedule.
c. Virtual Contact: Each parent shall be entitled to reasonable telephonic and electronic communication with the Children during the other parent’s custodial periods, not to exceed [__] minutes per day absent mutual agreement.
3.4 Transportation & Exchange
- Pick-Up/Drop-Off Location: [ADDRESS or neutral site].
- Responsibility: The parent commencing possession shall provide transportation unless otherwise agreed.
- Tardiness: A delay greater than [__] minutes without notice constitutes a default event under Section 6.1(c).
3.5 Right of First Refusal
If a parent will be unavailable to exercise Parenting Time for a continuous period exceeding [__] hours, the other parent shall be offered the opportunity to care for the Children before alternate childcare is arranged.
3.6 Child Support
[// GUIDANCE: Child support is typically calculated under Wyoming Child Support Guidelines and addressed in a separate order. Insert support terms or cross-reference the child-support order.]
4. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants to the other that:
a. Status. He or she is the biological/legal parent of each Child and is not subject to any order depriving or limiting parental rights beyond what is disclosed herein.
b. Capacity. He or she has full legal capacity and authority to enter into and perform this Agreement.
c. No Conflicting Agreements. Execution and performance of this Agreement do not violate any court order, decree, or law applicable to the Party.
d. Disclosure. Each Party has disclosed to the other any pending criminal charges, restraining orders, or investigations by child-welfare authorities.
The foregoing representations and warranties shall survive execution of this Agreement and may be relied upon by the Parties and the Court.
5. COVENANTS & RESTRICTIONS
5.1 Positive Co-Parenting Obligations
Each Party shall:
a. Foster goodwill and encourage the Children’s relationship with the other parent.
b. Refrain from disparaging remarks about the other parent in the Children’s presence.
c. Share information concerning the Children’s health, education, and welfare within [__] hours of receipt.
5.2 Restrictive Covenants
a. Substance Use: Neither parent shall consume alcohol to impairment or use illegal substances during or within [] hours before Parenting Time.
b. Third-Party Contact: No unrelated overnight guests of romantic nature during Parenting Time until the relationship has been ongoing for at least [] months and advance written notice is provided to the other parent.
5.3 Relocation
- Definition: “Relocation” means a change in a parent’s principal residence that would move the Children more than [___] miles from the current residence or outside the State of Wyoming.
- Advance Notice: A parent intending to Relocate must provide the other parent and the Court with not less than [60] calendar days’ written notice containing: (i) proposed relocation date; (ii) new address; (iii) reasons for Relocation; and (iv) a proposed revised Parenting Schedule.
- Objection & Modification: The non-relocating parent may file an objection within [30] days, whereupon the matter shall be resolved under Section 8.2. Until resolution, existing custody orders remain in effect.
5.4 Confidentiality of Child-Related Information
The Parties shall not post or disseminate photographs or personal information of the Children on public social-media platforms without mutual written consent.
6. DEFAULT & REMEDIES
6.1 Events of Default
A default occurs if a Party:
a. Fails to comply with any Parenting Time obligation more than [] times in any six-month period;
b. Violates Section 5.3 (Relocation) without Court approval;
c. Arrives more than [] minutes late for exchange on three or more occasions in any 60-day period; or
d. Commits an act of domestic violence or child abuse verified by law enforcement or a substantiated finding.
6.2 Notice & Cure
Except for emergencies or abuse, the non-defaulting Party must provide written notice describing the default and allow [7] days to cure before seeking enforcement.
6.3 Remedies
a. Make-Up Time: Lost Parenting Time shall be promptly rescheduled.
b. Contempt: The non-defaulting Party may seek contempt sanctions, including attorneys’ fees.
c. Modification: Material, willful defaults constitute a substantial change in circumstances warranting modification of custody.
d. Attorneys’ Fees: The defaulting Party shall pay the reasonable attorneys’ fees and costs incurred to enforce this Agreement.
7. RISK ALLOCATION
7.1 Indemnification (Child-Welfare Priority)
Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (the “Indemnified Party”) from and against any claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
a. The Indemnifying Party’s violation of any child-welfare law or court order concerning the Children; or
b. The Indemnifying Party’s negligent or intentional misconduct affecting the Children’s safety or wellbeing.
7.2 Liability Cap
Not applicable; parental obligations concerning child welfare may not be contractually limited.
7.3 Insurance
Each Party shall maintain health, hospitalization, and dental insurance for the Children if available at a reasonable cost through employment or other group plan.
7.4 Force Majeure
Temporary inability to comply with exchange or Parenting Time obligations due to severe weather, natural disaster, or declared public emergency shall not constitute default, provided the affected Party gives prompt notice and reasonable substitute arrangements are made.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the family-law statutes and case law of the State of Wyoming, without regard to its conflict-of-laws principles.
8.2 Forum Selection
Exclusive jurisdiction and venue for any proceeding to interpret, enforce, or modify this Agreement shall lie in the District Court, [NAME OF COUNTY] County, State of Wyoming, Family Division.
8.3 Limited Arbitration
a. Scope: Financial reimbursement disputes under Sections 3.4 and 7.3 may be submitted to binding arbitration upon mutual written consent.
b. Exclusions: Custody, Parenting Time, relocation, or other matters affecting the best interests of the Children are not arbitrable.
c. Procedure: Unless otherwise agreed, arbitration shall be conducted pursuant to the Wyoming Uniform Arbitration Act, with costs shared equally.
[// GUIDANCE: Confirm that any arbitration clause is consistent with local court rules; Wyoming courts retain continuing jurisdiction over custody.]
8.4 Jury Waiver
Not applicable; custody matters are heard without a jury under Wyoming law.
8.5 Injunctive Relief
Nothing herein restricts either Party from seeking immediate injunctive relief from the Court to protect the Children pending adjudication of a motion to modify custody.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver
This Agreement may be amended only by a written instrument signed by both Parties and, if required, approved by the Court. Waiver of any provision on one occasion shall not constitute waiver of any other provision or subsequent breach.
9.2 Assignment
Parental rights and obligations are personal and may not be assigned or delegated.
9.3 Successors & Assigns
This Agreement binds and benefits the Parties and their respective heirs, personal representatives, and permitted assigns.
9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the Court is authorized to reform the Agreement to effectuate the Parties’ intent consistent with Wyoming law.
9.5 Integration
This Agreement, including all Exhibits, constitutes the entire understanding between the Parties concerning custody and supersedes all prior oral or written agreements on these subjects.
9.6 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted via PDF, facsimile, or secure electronic signature platform shall be deemed original for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[PARENT A PRINTED NAME]
Date: _______
[PARENT B PRINTED NAME]
Date: _______
STATE OF WYOMING )
COUNTY OF [__] )
The foregoing instrument was acknowledged before me this ___ day of ____, 20__, by [PARENT A] and [PARENT B].
Notary Public
My Commission Expires: ____
[// GUIDANCE: Verify notarization requirements with the local clerk; some WY districts do not require notarization if agreement is filed with sworn affidavits.]
11. EXHIBITS
Exhibit A – Regular Parenting Schedule
• Week-On/Week-Off Rotation [OR]
• Alternate Weekends: Parent B from Friday 5:00 p.m. to Sunday 6:00 p.m.
• Mid-Week Dinner Visit: Parent B each Wednesday 5:00 p.m.–7:30 p.m.
• Exchange location: [______]
Exhibit B – Holiday & Vacation Schedule
• Thanksgiving: Odd-numbered years with Parent A; even-numbered years with Parent B.
• Winter Break: First half (from dismissal to Dec 26) with Parent A in odd years; Parent B in even years. Second half (Dec 26 to Jan 2) vice versa.
• Spring Break: Alternating annually.
• Mother’s/Father’s Day: With the named parent.
• Children’s Birthdays: [SPECIFY].
Exhibit C – Parenting Guidelines & Communication Protocols
• Shared online calendar access at [PLATFORM].
• 24-hour response time for non-emergency communications.
• Emergency Contact Hierarchy: 911, other parent, designated third party.
[// GUIDANCE: Before filing, attach a completed child-support worksheet, proposed order, and required financial affidavits per local rule. Ensure compliance with the Parental Education Course requirement (if mandated in the county).]