In this answer · 2 sections
Possibly, yes. Wisconsin has an abandonment ground in Wis. Stat. § 48.415 with a 6-month period. A parent who only texts your spouse and never reaches out to the child may fall within it, but whether those texts change the picture is a question of fact for the Circuit Court to decide.
What the law gives us to work with:
- The abandonment period in Wis. Stat. § 48.415 is 6 months.
- Wisconsin law doesn't spell out, in the information we work from, how a judge weighs texts sent to a spouse against no contact with the child. Confirm that point with the Circuit Court clerk in your county or with an attorney.
- If the biological parent disagrees or shows up in the case, that is a contested situation. An attorney can advise you on it.
What to gather now: A clear record helps whatever the court decides. Consider collecting:
- The date of the biological parent's last direct contact with the child, such as a visit, call, card, or gift.
- Screenshots of the texts to your spouse, showing dates and what they say, including whether the child is mentioned.
- Any record of support payments, or of the lack of them.
- Any offers your spouse made to arrange contact, and how the parent responded.
Other Wisconsin basics for a stepparent adoption:
- Court: Your petition goes to the Circuit Court. Wisconsin has 72 counties, and the clerk in yours can confirm local filing details and the current fee.
- Residency: Wisconsin sets no minimum residency period (Wis. Stat. § 48.82). Adopters are Wisconsin residents, and a stepparent adopting alongside a spouse who is the child's parent fits the categories in the statute.
- Child's consent: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.
- Home study: It is waived for stepparent adoptions (Wis. Stat. § 48.88).
- Timeline: A stepparent adoption in Wisconsin typically takes 3-6 months.
Where this leaves you: The 6-month period gives you a clear benchmark. If the biological parent has had no direct contact with your stepchild for longer than that, you have a reasonable basis to raise abandonment. How the judge sees the texts to your spouse depends on the specific facts, so it's worth a quick call to the clerk, or a consultation with an attorney if you expect the parent to object.
Stepparent adoption in Wisconsin at a glance
- Court
- Circuit Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Child's consent
- Wisconsin does not require the child's consent; a child 14 or older attends the hearing unless the court orders otherwise
- Home study
- Usually waived for stepparents
- Wisconsin families we've helped
- 385
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