In this answer · 2 sections
It may be possible, but it depends on the bio parent's overall conduct, and a parent who only texts your spouse is one fact a Wyoming District Court would weigh. Wyoming sets no fixed number of months for abandonment under Wyo. Stat. § 1-22-110. Instead, the court looks at the parent's overall conduct toward the child.
What this means for your situation:
- Because there is no set time period, there is no countdown to wait out. The question is what the whole picture of the parent's conduct shows.
- Texts sent only to your spouse, with no contact with your stepchild, are part of that picture. How the court weighs them against everything else is a decision for the judge.
- Whether the other parent must consent, or what happens if they object, depends on the facts of your case. For that question, ask the District Court clerk in your county or an attorney.
Helpful records to gather: Keep the texts, and write down dates of any calls, visits, cards, gifts or support, or the lack of them. A clear record helps you and the court see what has actually happened.
Other Wyoming requirements that apply to you:
- Court: The petition is filed in District Court (Wyo. Stat. § 1-22-104(a)). A petition may be filed by either spouse if the other is the child's parent (Wyo. Stat. § 1-22-104(b)), which covers a stepparent filing alongside the child's parent.
- Residency: Wyoming requires 60 days immediately before filing (Wyo. Stat. § 1-22-103).
- Child's consent: The consent age is 14 (Wyo. Stat. § 1-22-109). If your stepchild is 14 or older, this applies to your case.
- Home study: It is waived for stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)).
- Timeline: Stepparent adoptions in Wyoming typically take about 3-6 months.
- Filing fee: This varies, so ask the District Court clerk in your county for the current amount.
When to get individual advice: If the bio parent is likely to contest the adoption, or you are unsure how your facts fit § 1-22-110, talk with an attorney or the clerk's office about that specific issue.
Stepparent adoption in Wyoming at a glance
- Court
- District Court
- Residency before filing
- 60 days immediately before filing
- Typical timeline
- 3-6 months
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Wyoming families we've helped
- 191
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