Wyoming Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   File a Petition for Appointment of Guardian of a Minor on Form GMCP-4, a Supreme Court-approved statewide form covering permanent, temporary, emergency, and standby guardianship, in the district court for the county where the child resides or is present; Wyoming has no separate probate court, and the court's form controls over any draft.

2. 2

   A temporary or emergency guardianship of a minor is capped at 1 year absent good cause. An emergency guardian may be appointed with or without prior notice on a showing the child would likely suffer substantial harm otherwise; if appointed without notice, the ward and a guardian ad litem get notice within 48 hours and the court holds a hearing on the appointment within 72 hours, and an emergency guardian appointed without notice may make only limited medical decisions.

3. 3

   The proposed ward, the ward's custodian, and the proposed guardian must be served, along with the parents, any agent under a known power of attorney, the spouse, and adult children who can be found with due diligence, except on a standby petition or when the court finds good cause to dispense with notice for a ward under 18. No statute sets a minimum number of days' notice before the hearing; timing instead follows the Wyoming Rules of Civil Procedure and the court's own order.

4. 4

   A child who has reached the age of 14 may petition for their own guardian, and the person the child requests has priority the court must consider; Form GMCP-8 records a minor's consent or nomination. A living parent who has not consented has top priority to serve as guardian unless the petitioner proves the parent is unfit, unwilling, or unable to care for the child, not merely that the petitioner would be a better caregiver; a parent's consent on Form GMCP-7 narrows the case to a best-interest decision.

5. 5

   No bond is required for a guardian of the person or the estate unless the court, for good cause, finds the ward's best interest requires one, the reverse default from many states. There is no statutory background check, home study, or mandatory guardian training for a lay guardian, and a guardian ad litem is mandatory only on an emergency guardianship petition; the court otherwise has discretion to appoint one.

6. 6

   This guardianship does not terminate a parent's legal rights and is not adoption. A parent may petition to end the guardianship at any time, and since July 1, 2025, Wyoming law separately allows a parent's rights to be terminated in a different case if a child has been in a relative guardian's care for at least 24 consecutive months and the parent is shown to be unfit.

7. 7

   Wyoming's lighter options are still court filings, not out-of-court paperwork: an adult relative caregiver in a listed relationship, such as a grandparent, sibling, aunt, or uncle, who is the child's primary physical custodian may file an ex parte petition limited to education and medical or dental decisions, capped at 1 year absent good cause; and a standby guardianship petition may be deposited with a person, bank, or trust company and filed only when a stated triggering event occurs.

Wyoming Requirements for Guardianship of a Minor Petition

• Supreme Court-Approved Petition, Form GMCP-4

  Wyoming guardianship of a minor is filed on Form GMCP-4, Petition for Appointment of Guardian of a Minor, approved by the Wyoming Supreme Court and covering permanent, temporary, emergency, and standby guardianship in one document; individual district courts may require additional local forms.

• District Court Sits as Probate Court

  Wyoming has no separate probate court. The petition is filed in the district court for the county where the child resides or is present, and the case may be transferred to juvenile court if the child is already under that court's continuing jurisdiction (Wyo. Stat. sections 3-1-101(a)(ii), 3-2-101(b)).

• 1-Year Cap on Temporary or Emergency Guardianship

  A temporary or emergency guardianship of a minor is limited to not more than 1 year absent a showing of good cause (Wyo. Stat. section 3-2-106(c)).

• 72-Hour Hearing After a No-Notice Emergency Appointment

  If an emergency guardian is appointed without prior notice, the ward and a guardian ad litem must receive notice within 48 hours and the court must hold a hearing on the appointment within 72 hours (Wyo. Stat. section 3-2-106(d) through (h)).

• Age 14 Consent and Nomination Threshold

  A minor who has reached the age of 14 may petition for their own guardian and has priority to have their requested guardian considered by the court, documented on Form GMCP-8 (Wyo. Stat. sections 3-2-105(a), 3-2-107(d)(iii)).

• No Bond Required Unless the Court Orders One

  A guardian of the person or the estate is not required to give bond unless the court, for good cause, finds the ward's best interest requires it; if ordered, the bond must at least equal the value of the minor's personal property plus the probable annual rents or profits of real property (Wyo. Stat. sections 3-1-106, 2-3-102).

• No Mandatory Background Check or Training

  Wyoming has no statutory background check, home study, or mandatory training course for a lay guardian of a minor; a guardian ad litem is mandatory only on an emergency guardianship petition (Wyo. Stat. sections 3-2-106(d), 3-1-108(a)).

• Guardianship Does Not Terminate Parental Rights

  A Wyoming guardianship does not end a parent's legal rights and is not adoption; a parent may petition to end the guardianship at any time. Since July 1, 2025, a separate ground allows a parent's rights to be terminated in a different case if a child has been in a relative guardian's care for at least 24 consecutive months and the parent is shown unfit (Wyo. Stat. sections 3-3-1107, 14-2-309(a)(x)).