Grandparents in Wyoming have a statutory right to ask a district court for visitation with a grandchild under Wyo. Stat. § 20-7-101, but the right to petition is not the same as the right to win. A court will order visitation only if the grandparent proves two things: that the visits serve the child’s best interests, and that they will not substantially impair the parents’ rights.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights Separately, grandparents who end up raising a grandchild — through a child welfare placement or informal custody — have access to a different set of protections and benefits that do not require filing a visitation case at all.
Who Can File a Visitation Petition
Wyoming’s statute is broader than many people expect. A grandparent can bring an original action for visitation against whoever currently has custody of the child. The parents do not have to be divorced, separated, or deceased for the grandparent to have standing. The legislature stripped those restrictions out in 1997, leaving a more open-ended right to petition.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights
The statute also covers great-grandparents. Its definitions treat “grandparent” as including a great-grandparent and “grandchild” as including a great-grandchild, so the same petition process applies to both.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights
The Two-Part Test the Court Applies
After the petition is filed, the court holds a hearing and asks two questions. First, would visitation be in the child’s best interests? Second, would it leave the parents’ rights not substantially impaired? Both answers must be yes.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights
Best interests turns on the specific relationship. Judges look at how often the grandparent and child have spent time together, whether the grandparent has played a caregiving role, and whether the child has an emotional bond that would suffer if contact ended. Regular involvement counts for more than occasional holiday visits.
The “not substantially impaired” prong is where most petitions stumble. The court is asking whether the proposed schedule would undercut the parents’ ability to raise the child as they see fit. A schedule that creates logistical chaos, contradicts the parents’ values, or forces interaction between adults in active conflict can fail this prong even when the grandparent-child bond is strong.
Why Fit Parents Have the Upper Hand
A constitutional principle sits behind the statute. In Troxel v. Granville, the U.S. Supreme Court held that parents have a fundamental Fourteenth Amendment right to make decisions about the care, custody, and control of their children, and that courts must give “special weight” to a fit parent’s objection to third-party visitation.2Justia. Troxel v Granville, 530 US 57 (2000)
That ruling shapes every Wyoming case. Courts start from the presumption that a fit parent acts in the child’s best interests. A grandparent asking a judge to override the parent’s decision is not just presenting a competing preference; they are asking the court to displace a constitutionally protected choice. Wyoming courts have generally read this to mean the grandparent must show either that the parent is unfit or that the parent’s decision about visitation is actually harming the child.
Years of involvement and genuine love for the grandchild are necessary but often not sufficient. If the parent can give a rational reason for limiting contact — even one the grandparent considers unfair — the court is likely to defer. The grandparent’s task is to show real harm to the child from cutting off the relationship, harm substantial enough to outweigh the parent’s right to make the call.
When Adoption Ends the Right to Petition
The statute contains one absolute bar. If the grandchild has been adopted and neither adoptive parent is related to the child by blood, no visitation petition can be filed.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights This typically applies after parental rights are terminated and the child is adopted by an unrelated family through foster care or private adoption.
The flip side matters just as much. If at least one adoptive parent is a blood relative, grandparents keep the ability to petition. The most common example is a stepparent adoption where a biological parent remains in the picture and the stepparent formalizes their role. In that situation, biological grandparents on either side can still seek visitation because the child has an adoptive parent related by blood.
A grandparent who already holds a court-ordered visitation schedule should pay close attention when an adoption begins. Wyoming law requires that anyone with existing visitation rights under the statute be served with notice of the adoption petition. Consent is not required, but the court has discretion to let the visitation holder be heard.
How to File
The petition is filed in Wyoming’s district court. Family law forms are available through the Wyoming Judicial Branch website and from local district court clerks, though it’s worth confirming whether your county has a specific grandparent visitation form or uses the general custody and visitation packet.3Wyoming Judicial Branch. Child Custody and Visitation
The petition itself should describe the relationship with the child in detail: how often you’ve spent time together, what role you’ve played in the child’s life, and why court-ordered visitation serves the child’s interests. Vague statements of love will not move the needle. Specific facts about caregiving, school involvement, and emotional support are what build a case.
Filing fees for domestic relations cases vary by county. Budget at least $160 under current county fee schedules; the exact amount depends on where you file. Courts typically take cash, check, or money order, and some offer fee waivers for people who cannot afford the cost.
Jurisdiction Under the UCCJEA
Wyoming follows the Uniform Child Custody Jurisdiction and Enforcement Act, which decides whether a Wyoming court can rule on custody and visitation for a given child. The basic rule: Wyoming has jurisdiction if the child has lived in the state for the six months immediately before the petition is filed.3Wyoming Judicial Branch. Child Custody and Visitation If another state already has a custody order in place, that state generally keeps exclusive jurisdiction to modify it. The petition usually requires a sworn statement about where the child has lived for the past five years.
Service and Response Deadlines
Once the petition is filed and a case number assigned, the parents must be formally served with copies of the petition and summons. Service inside Wyoming is typically handled by a sheriff, deputy, or a responsible adult who is not a party to the case. Professional process servers are common and usually charge $20 to $100 per job.
A parent served within Wyoming has 20 days to file a written response. Served out of state, the deadline extends to 30 days.4Wyoming Judicial Branch. Wyoming Rules of Civil Procedure – Rule 12 A contested petition goes to a hearing. If no response is filed, a default may be available, though family courts usually require a hearing regardless.
Mediation and the Hearing
Wyoming courts can order both sides into family law mediation before a contested hearing. A neutral mediator tries to help the grandparent and parent reach an agreement without trial.3Wyoming Judicial Branch. Child Custody and Visitation Some courts require an orientation session first. Mediation can be waived where there is a history of domestic violence or abuse.
If mediation fails or is waived, the case moves to a hearing before a district court judge. Both sides can call witnesses, present documents, and testify. The grandparent carries the burden of proving the two-part test is met. Judges have broad discretion over the schedule and can order weekly visits, monthly overnights, holiday time, or any arrangement they consider appropriate. The timeline from filing to final decision depends on the court’s docket and how contested the case becomes.
Guardian Ad Litem Costs Fall on the Grandparent
The court may appoint a guardian ad litem — an attorney who represents the child’s interests during the case. The appointment adds an independent evaluation, which can help or hurt the petition depending on what the guardian finds. Under the statute, the grandparent pays all fees and expenses associated with the guardian ad litem.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights Those fees can run into the thousands depending on how much work the case requires, and they apply even if the grandparent ultimately loses.
Modifying or Revoking a Visitation Order
An order is not necessarily permanent. The custodial parent or the child’s guardian can petition the court to change or revoke the grandparent’s visitation rights. The standard is “good cause,” which gives the court broad discretion to adjust the arrangement as circumstances change.1Justia. Wyoming Code 20-7-101 – Establishing Grandparents Visitation Rights A parent regaining custody after a separation, a relocation that makes the existing schedule impractical, or a breakdown in the grandparent-child relationship could all qualify. Winning visitation is only the first challenge; keeping it depends on the ongoing cooperation of the custodial parent, or at least the absence of grounds for revocation.
Kinship Placement When CPS Removes a Child
A different set of rules applies in the child welfare system. When a child is removed from a parent’s home for abuse or neglect, Wyoming law directs the Department of Family Services to place the child with extended family, including grandparents and great-grandparents, whenever that placement serves the child’s best interests.5Wyoming Legislature. Wyoming Code Title 14 Chapter 3 Article 2 – Child Protective Services Before approving placement, the department checks whether anyone in the home has a conviction for a serious crime against children or a substantiated finding on the child abuse registry.
This preference for family placement is separate from the visitation statute. A grandparent does not need to file a § 20-7-101 petition to be considered. If your grandchild has been removed from the home, contacting the assigned caseworker promptly to express willingness to provide care is the most important first step.
Tax and Social Security Benefits for Grandparents Raising a Grandchild
Grandparents with physical custody who provide more than half of a grandchild’s financial support may qualify for federal tax benefits. A grandchild can be claimed as a qualifying child for the Child Tax Credit if they are under 17 at the end of the tax year, lived with the grandparent for more than half the year, and did not provide more than half of their own support.6Internal Revenue Service. Child Tax Credit
A grandchild may also qualify for Social Security benefits based on the grandparent’s earnings record if the grandparent retires, becomes disabled, or dies. The child must have been living with the grandparent before turning 18, the grandparent must have provided at least half the child’s support for the prior year, and the child’s biological parents generally must be deceased, disabled, or the grandparent must have legally adopted the child.7Social Security Administration. Parents and Guardians These benefits are aimed at grandparents acting as full-time caregivers, not those exercising visitation rights alone.