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Petition to Modify Custody and Support

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ORDER MODIFYING CUSTODY AND SUPPORT

STATE OF WYOMING ) IN THE DISTRICT COURT
COUNTY OF ) ss      JUDICIAL DISTRICT

Petitioner: ,)
vs.
Respondent: .)

ORDER MODIFYING CUSTODY AND SUPPORT

THIS MATTER having come before the Court upon the Petition to Modify Custody and Support; and the Court, having reviewed the file herein, having heard the arguments of the parties, if applicable, and otherwise being fully advised in the premises, FINDS:

1. This Court has jurisdiction over the parties and the subject matter of these proceedings.

2. The Respondent was served with the Petition to Modify Custody and Support: [check one]

Personally (by the sheriff) on the following date in the following state: ; OR

Respondent accepted service (Acknowledgement and Acceptance of Service must be filed. Respondent’s signature must be notarized.); OR

By publication. (Copy of Affidavit of Publication must be filed.); OR

By Registered or Certified Mail. (Return receipt must be filed and Clerk must have entered certificate of service.)

3. Respondent filed [check one]

a Response; OR

a Response and Counterclaim; OR

no response (default must be entered, unless there is a waiver of right to answer); OR

no response but both parties have signed and agreed to the entry of this Order.

4. An Order establishing custody and support was entered by the Court, District, State of , case/docket number on

5. In the Order, Mother Father was granted custody of the parties’ minor child[ren] and Mother Father was ordered to pay $ per month in child support and Mother OR Father OR Both Parents was/were ordered to provide medical insurance coverage.

6. A material change in circumstances exists and it is in the best interest of the child(ren) to modify custody.

7. The parties are the natural or adoptive parents of the following minor child(ren):

Child’s Initials:    Year of Birth:

Child’s Initials:    Year of Birth:

Child’s Initials:    Year of Birth:

Child’s Initials:    Year of Birth:

Additional sheets of paper are attached if needed

8. Custody of the child(ren) should be as follows:

Unless defined another way in this Order, “Joint Legal Custody” means that both parties have access to the records of the child(ren) including school records, activities, teachers and teachers' conferences, as well as medical and dental treatment providers and mental health records. Both parties have these rights unless the Court limits that access.

The parties have joint legal custody and Mother or Father has physical custody; OR

The parties have joint legal and joint physical custody; OR

Mother or Father has sole legal and physical custody; OR

Other (Please describe desired legal and physical custody arrangement in detail)

9. The parties have an obligation to contribute to the support and maintenance of the parties’ minor child(ren).

IT IS HEREBY ORDERED THAT:

10. CHILD CUSTODY, VISITATION AND SUPPORT:

A. CUSTODY:

The parties shall have joint legal custody and Mother or Father shall have physical custody; OR

The parties shall have joint legal and physical custody. The parties shall share physical custody of the minor children as described on the attached sheet of paper.

Attach a schedule describing the sharing of physical custody.

Skip to Section C – Child Support; OR

Mother OR Father shall have sole legal and physical custody. List the reasons why joint legal custody is not appropriate:

OR

Other (Please describe desired legal and physical custody arrangement in detail):

B. VISITATION:

The child(ren) shall spend time with the non-custodial parent as the parties may agree, but if they cannot agree, then time shall be spent with the child(ren) as follows:

B.1. WEEKENDS: The child(ren) shall spend time with Mother OR Father every weekend when Friday is an even date every weekend when Friday is an odd date other (specific weekends such as 1st and 3rd):

from a.m./p.m. to a.m./p.m.

B.2. OTHER VISITATION: In addition to the Weekend visitation above, the child(ren) shall also spend time with Mother OR Father as follows:

Additional sheets of paper are attached (if necessary).

B.3. SUMMER SCHEDULE: (Choose one)

Option 1: Mother OR Father shall have visitation with the parties’ child(ren) beginning and continuing until (i.e. ten days after school lets out from 5:00 p.m. and continuing until ten days prior to school starting up again at 5:00 p.m.).

Option 2: The summer schedule will remain the same as during the school year; OR

Option 3: The summer schedule will be as follows:

Additional sheets of paper are attached (if necessary).

B.4. HOLIDAY SCHEDULE:

The following holiday schedule will take priority over the regular weekday, weekend, and summer schedules described above. Fill in the blanks below with Mother or Father to indicate who the child(ren) will be with for the holidays. Provide beginning and ending times.

Holiday/Event Odd numbered years Even numbered years Every year Day, Time and Place of Exchange
Mother’s Day Weekend
Memorial Day Weekend
Father’s Day Weekend
July 4th

Religious/Other Events

Additional sheets of paper are attached (if necessary).

B.5. OTHER (including no visitation or supervised visitation):

B.6. TEMPORARY CHANGES TO THE SCHEDULE:

Any schedule for sharing time with the child(ren) may be changed as long as both parents agree to the changes ahead of time, in writing.

B.7. PERMANENT CHANGES TO THE SCHEDULE:

Once the judge signs the final Order Modifying Custody & Support in your case and approves this Visitation Plan, any changes that the parents do not agree on can be made only by applying to the court for a modification. One parent cannot change a court-ordered Visitation Plan on their own.

B.8. PARENT-CHILD COMMUNICATION:

Both parents and child(ren) shall have the right to communicate by telephone, in writing or by electronic means during reasonable hours without interference or monitoring by the other parent, unless otherwise ordered by the Court.

B.9. MUTUAL RESPECT:

Parents will not say things or knowingly allow others to say things in the presence of their child(ren) that would take away the child(ren)’s love and respect for the other parent.

B.10. OTHER TERMS:

A. The party who has custody of the children or the party who is exercising visitation with the children shall:

i. Care for, control, protect, and reasonably discipline the child(ren);

ii. Provide the child(ren) with adequate food, clothing, and shelter, and medical and dental care;

iii. Promote and encourage the training and education of the child(ren);

iv. Respect the other party’s rights and responsibilities regarding the other party’s time with and care of the child(ren).

B. Visitation MAY NOT be reduced or denied because support is not paid.

C. Add any other items regarding the child(ren) you would like to include concerning visitation.

Additional sheets of paper are attached (if necessary).

B.11. EXCHANGE OF CHILD(REN)/COST OF TRANSPORTATION:

Both parents shall have the child(ren) ready on time and at the agreed-upon time of exchange. All clothing that accompanied the child(ren) shall be returned to the other parent at the end of that particular visitation. All transportation in connection with the visiting parent’s exercise of his/her visitation shall be the responsibility of and/or paid for as follows:

Option 1: While both parents continue to reside within miles of each other, both parents shall be responsible for transportation costs for one-way of the children’s transportation. Mother Father shall pick up the child(ren) from at the beginning of the visitation and Mother Father shall pick up the child(ren) at the end of the visitation from . If either party moves miles or more away, then the costs for transportation shall be as follows:

Option 2: The visiting parent shall be responsible for all of the child(ren)’s transportation costs. Mother Father shall pick up the child(ren) from at the beginning of the visitation and shall return the children to at the end of the visitation; OR

Option 3: Other:

C. CHILD SUPPORT:

The child support amount may depend on the custodial arrangement that is ordered by the court. If each parent keeps the children overnight for more than forty percent (40%) of the year and both parents contribute substantially to the expenses of the children in addition to the payment of child support, a “joint presumptive support” obligation shall be determined by use of the tables. Also, when each parent has physical custody of at least one (1) of the children, a “shared presumptive support” obligation for all of the children shall be determined by use of the tables.

In accordance with Wyo. Stat. § 20-2-304, presumptive child support is calculated as follows:

1. Number of children:

2. Father’s net monthly income is: $

3. Mother’s net monthly income is: $

4. Total child support obligation of both parents is: $

5. Father’s presumptive child support obligation is: $

6. Mother’s presumptive child support obligation is: $

C.1. Restriction on reducing amount of child support:

The child(ren) receive(s) public assistance OR The child(ren) DO NOT receive(s) any public assistance.

C.2. Amount of Child Support:

Mother OR Father shall pay $ per month for child support.

The amount of child support is based upon: The presumptive amount of child support determined by Wyoming’s Child Support Guidelines; OR There is a deviation (an adjustment) upwards or upwards or downwards from the presumptive amount.

C.3. Time of Payments:

on THE FIRST DAY OF THE MONTH beginning the month of , 20 and shall continue to be paid on the first day of the month thereafter, until further order of the court; OR

beginning on the day of , 20 and continuing as follows:

C.4. CONTINUATION OF CHILD SUPPORT:

Child support shall continue during the minor child’s minority, and beyond if the child has a mental, emotional or physical impairment preventing emancipation, or while the child is attending high school or an equivalent program as a full-time student between the ages of 18 and 20.

C.5. PLACE:

All payments required under this Order, shall be made to one of the two following addresses:

Clerk of the District Court, whose address is (see District Court Clerks Addresses in this packet):

OR State Disbursement Unit, 2300 Capitol Ave., Hathaway Bldg., 5th Floor, Suite A, Cheyenne, WY 82002

The Clerk or SDU shall promptly forward the support payments to the receiving parent at the address provided by that parent.

C.6. MODIFICATION:

Either party may seek a modification of the child support ordered herein pursuant to Wyo. Stat. §20-2-311.

C.7. ABATEMENT OF CHILD SUPPORT (Temporary Relief from Paying):

Wyo. Stat. §20-2-305 says child support may abate or decrease by one-half (1/2) of the daily support obligation for each day the noncustodial parent has physical custody of the child for whom support is due, ONLY IF the noncustodial parent has custody of the child for more than fifteen (15) consecutive days and if approved by the Court.

C.8. ENFORCEMENT:

Either party has the right to petition to enforce an order pursuant to Wyo. Stat. §20-2-201 through §20-2-204 and §20-2-311(d).

11. MEDICAL INSURANCE:

The Mother OR Father OR Both shall provide health care insurance coverage for the minor child(ren) if insurance can be obtained at a reasonable cost and the benefits under the insurance policy are accessible to the child(ren).

11.A. Proof. The insuring parent shall provide to the Court written proof that the insurance has been obtained within sixty (60) days after it became available.

11.B. Changes. The insuring parent shall provide written notice to the Clerk of this Court and the other parent if insurance coverage for the child is denied, revoked, or altered in any way that would affect the child's coverage.

11.C. Failure To Provide Insurance. The Court may hold an obligated parent in contempt for refusing to provide the ordered insurance or for failing or refusing to provide the information required above.

11.D. Costs Not Paid For By Insurance:

50% each by Mother and Father; OR

% by Mother and % by Father.

12. CHANGES IN ADDRESS AND EMPLOYMENT:

Each parent shall inform the other parent and the clerk of court in writing of any change of address, phone number, and employment:

12.A. Change of Employment Status: notify within fifteen (15) days of any change in employment.

12.B. Change of Address: notify no later than fifteen (15) days prior to the move.

12.C. Change of Home City or State of Residence: written notice thirty (30) days prior to the move.

13. INCOME WITHHOLDING ORDER:

Effective immediately (Recommended); OR

Effective upon the date the Obligor requests withholding commence; or the date the Obligor becomes delinquent.

OTHER (i.e. Military allotment).

14. PREVIOUS SUPPORT ORDER:

According to the terms of the most recent court order, Petitioner OR Respondent was ordered to pay $ per month for the support of the minor child(ren).

15. JUDGMENT OF ARREARS:

15.A. Petitioner OR Respondent is in arrears in the support obligation in the amount of $ from through , for which judgment shall be entered; AND/OR

Petitioner OR Respondent owes unpaid medical expenses in the amount of $ from through , for which judgment shall be entered; OR

15.B. Petitioner OR Respondent is current in his/her support obligation.

IT IS HEREBY ORDERED THAT:

16. Judgment for past due support, including medical support if applicable, is hereby entered against Petitioner OR Respondent in the amount of $ through . Beginning , Petitioner OR Respondent shall pay $ per month in addition to current support towards the judgment of $ until the judgment is paid and satisfied in full; OR

Petitioner OR Respondent is current in his/her support obligation and a judgment for past due support or medical support is not needed.

17. TAX EXEMPTION:

The parties shall claim as income tax dependency exemptions on federal and state tax returns as follows:

Initials of Child(ren) Parent Entitled to Claim Year Allowed to Claim
Mother Father every odd even
Other:
Mother Father every odd even
Other:
Mother Father every odd even
Other:
Mother Father every odd even
Other:

18. Any provision in the previous order not otherwise modified herein shall remain in full force and effect.

19. ENFORCEMENT OF ORDER:

Either party or, when appropriate, the department of family services has the right to petition to enforce an order pursuant to Wyo. Stat. §20-2-201 through 20-2-204, 20-2-310 and 20-2-311(d).

Contempt - Pursuant to Wyo. Stat. §20-2-204 and 20-2-310, a court having jurisdiction to enforce or revise the decree or order may, upon appropriate motion of either parent, require a parent to appear before the court and show just cause why the parent should not be held in contempt.

20. LIMITED REPRESENTATION:

Following Rule 1.2(c) of the Wyoming Rules of Professional Conduct, any attorney who has entered a limited appearance for the purpose of obtaining an Order Modifying Custody and Support is now discharged.

SO ORDERED this day of , 20.

DISTRICT COURT JUDGE

CHECK ONLY ONE BOX, AND SIGN WHERE INDICATED IN THAT SECTION ONLY:

If the parties have agreed:

I certify that I have read the foregoing Order Modifying Custody and Support and that I agree to the terms and agree to entry of the Order.

Petitioner’s signature

Respondent’s signature

STATE OF )

) ss

COUNTY OF )

Subscribed and sworn to before me by , this day of , 20.

Witness my hand and official seal

Notarial Officer

My Commission Expires:

If default has been entered and the Respondent did not respond:

The above is true and accurate and I want the court to approve:

Petitioner’s signature

If a court hearing was held:

APPROVED AS TO FORM:

Petitioner’s signature

Respondent’s signature

Copies sent to:

Petitioner/Petitioner’s Attorney’s Name and Address

Respondent/Respondent’s Attorney’s Name and Address

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What the Petition to Modify Custody and Support Is

A Petition to Modify Custody and Support is a court filing seeking a legal change to an existing child custody order or child support obligation. It asks the family court to revise parenting time, legal custody, physical custody, or the amount and terms of child support based on changed circumstances, best-interest factors, or mistake in the original order. The petition typically cites the prior decree, explains why modification is warranted, identifies the relief requested, and attaches supporting declarations and financial information for the judge to review.

Why This Petition Matters

Modifying custody or support updates legal responsibilities to reflect material changes — protecting the child’s best interests and ensuring support amounts are accurate given current incomes and circumstances.

Why This Petition Matters

Who Typically Files a Petition to Modify Custody and Support

Courts evaluate the petition against statutory modification standards and the child’s best-interest factors before granting relief.

  • Noncustodial parent seeking a support reduction due to job loss or income change
  • Custodial parent requesting increased support for changed needs or higher costs
  • Either parent asking for custody or parenting-time changes based on relocation or safety concerns

Key Parts of a Complete Petition to Modify Custody and Support

A professional petition organizes case identifiers, factual changes, legal basis, requested orders, financial disclosures, and proof of service so judges and opposing parties can evaluate the request efficiently.

Case Caption

Full case title, court name, case number, and names of parties — necessary for clerks to route and associate the petition with the existing docket.

Statement of Change

Clear, dated description of material changes since the original order (income change, relocation, health, or evidence of neglect) supporting the need for modification.

Relief Requested

Specific orders sought (modify custody, parenting time, support amount, medical coverage, or visitation conditions) with precise proposed language for the judge.

Support Calculation

Detailed income, deductions, and worksheet showing old vs. proposed support using the applicable state guideline methodology.

Declarations & Evidence

Affidavits, pay stubs, school records, medical reports, or other exhibits that corroborate the factual claims in the petition.

Service and Verification

Proof that opposing parties were served according to state rules and a signed verification or declaration under penalty of perjury.

Step-by-Step: Filing a Petition to Modify Custody and Support

Complete the petition form, attach supporting evidence, serve the other party, and file with the court clerk following local rules.

  • 01
    Prepare: Gather court orders, pay stubs, school/medical records, and clear statements of changed circumstances.
  • 02
    Draft: Complete the petition with case caption, grounds, requested orders, and declarations.
  • 03
    Serve: Serve the respondent per state rules, using personal service, certified mail, or e-service where permitted.
  • 04
    File: File the petition and proof of service with the clerk; follow e-filing or in-person requirements.

Customizing an Online Workflow for This Petition

Set up a digital workflow to collect signatures, attachments, and proof of service efficiently.

Field Configuration
Petitioner Signature Required, signature block with date field
Attachment Upload Allow multiple PDFs, limit 25 MB each
Support Worksheet Insert calculated field for monthly support
Proof of Service Uploadable signed acknowledgment or affidavit

Where to File and How the Filing Flows

Identify the correct family court and follow its e-filing, in-person filing, or mail submission rules to start the modification process.

  • Identify Court: Confirm the county family court that issued the original order.
  • E-Filing Option: Use the court’s e-filing portal if available for faster docketing.
  • Clerk Submission: File physical copies with the clerk when e-filing is not offered.
  • Serve Parties: Serve all required parties before or immediately after filing as local rules require.

Digital Signing and eSubmission Considerations

Verify the court’s rules about electronic submissions, remote notarization, and whether a printed copy or original signature is required for specific documents.

  • Accepted Formats: PDF or PDF/A recommended
  • Authentication: Email or SMS OTP commonly accepted
  • Audit Trail: Include timestamp and IP in the record

Typical Deadlines and Timing to Expect

Timing varies by jurisdiction; expect specific service windows, response times, and hearing schedules after filing the petition.

Service Deadline:

Some states require service before a hearing; follow local statutes for timing.

Response Period:

Respondent often has 20–30 days to answer after being served.

Temporary Orders:

A motion for temporary relief can be heard on an expedited schedule.

Hearing Notice:

Courts generally provide 14–45 days’ notice before a contested hearing.

Appeal Window:

Post-judgment appeals typically must be filed within 30 days of entry.

Key Milestones in the Modification Process

A typical case moves from filing to service, temporary relief hearings, full hearing, and final order entry.

01

File Petition

Clerk accepts petition and assigns a case number.

02

Serve Respondent

Opposing party receives formal notice of the petition.

03

Temporary Hearing

Court may hear short-term relief requests.

04

Final Hearing

Evidence presented and judge issues a final decision.

Common Mistakes to Avoid When Preparing the Petition

  • Omitting the case number or using a different caption from the original order, which can misroute the filing and delay proceedings.
  • Failing to include up-to-date financial documentation, causing courts to continue the matter for verified income proof.
  • Serving the wrong party or using incorrect service method, which may require re-service and reset hearing dates.
  • Submitting unsigned or unverified declarations; unsigned verification statements can result in rejection by the clerk.

Consequences and Risks of an Incorrect or Incomplete Petition

Delay in Relief: Incomplete petitions delay hearings and postpones orders.
Denial of Motion: Failure to meet statutory standards can lead to denial.
Contempt Exposure: Improperly claimed modifications may expose parties to contempt.
Financial Liability: Incorrect support calculations can trigger arrearage orders.
Evidence Exclusion: Untimely evidence may be excluded at hearing.
Re-filing Costs: Re-filed petitions incur additional filing and attorney costs.

Comparison: eSignature Options for Preparing and Submitting Petitions

Basic vendor pricing and capability snapshot to consider when choosing an eSignature tool for petitions and attached exhibits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Limited trial Limited trial
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Petitions to Modify Custody and Support

Answers to common procedural and practical questions when preparing a modification petition for family court review.


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