Can I adopt my stepchild if the bio father is in prison for a long sentence in Wyoming?

Yes, you can file a stepparent adoption petition in Wyoming District Court when your stepchild's biological father is in prison, but how the court treats his rights depends on the facts of your family's situation. The petition can be filed by either spouse if the other is the child's parent (Wyo. Stat. § 1-22-104(b)), and it is filed in District Court (Wyo. Stat. § 1-22-104(a)).

What Wyoming law says about abandonment: Wyoming sets no fixed number of months for abandonment. It depends on the parent's overall conduct (Wyo. Stat. § 1-22-110). A prison sentence is not a timer. The court looks at the whole picture of the father's involvement with the child, and the details of his contact, support and effort to stay involved can matter.

What depends on your facts: Wyoming law on these points should be confirmed with the District Court clerk in your county or with an attorney:

• Whether the father's consent is needed in your situation, or whether the court can proceed without it
• How and where papers are served on someone held in a correctional facility
• How the court weighs a particular sentence length
• What happens if he objects

If he contests the adoption, or if there are other legal questions about his rights, an attorney can advise on your specific case.

Requirements that apply to you:

• Residency: You must have lived in Wyoming for 60 days immediately before filing (Wyo. Stat. § 1-22-103).
• Child's consent: A child who is 14 or older must consent (Wyo. Stat. § 1-22-109).
• Home study: It is waived in a stepparent adoption (Wyo. Stat. § 1-22-111(a)(ii)).
• Court: The District Court in your county. Wyoming has 23 counties, including those that serve Cheyenne, Casper, Laramie, Gillette and Rock Springs.
• Timeline: Stepparent adoptions in Wyoming typically take 3-6 months.
• Court fees: The clerk can tell you the current filing fee.

Privacy: Hearings in adoption proceedings are closed unless the court orders otherwise (Wyo. Stat. § 1-22-105).

Practical tips:

• Gather what you have showing the father's history with the child, such as dates of visits, calls, letters and any support. This helps you answer the court's questions accurately.
• Find out the father's full legal name and his current facility, since the court will need to know how to reach him.
• Call the clerk before filing to ask about local forms and any special steps when a parent is incarcerated.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney.