Can I adopt my stepchild if there is a restraining order against the biological parent in Wyoming?

Yes, you can start a stepparent adoption in Wyoming as the spouse of the child's parent, but how a restraining order affects your case depends on the facts, so check with the District Court clerk in your county or a Wyoming family law attorney. Wyoming allows either spouse to file a petition if the other spouse is the child's parent (Wyo. Stat. § 1-22-104(b)).

What the restraining order does and doesn't settle:

• A restraining order is a separate court matter. Wyoming's adoption statutes we work from don't say how one changes an adoption petition, so don't assume it speeds up or blocks your case.
• If the order is part of a contested situation, such as a biological parent who objects, an attorney can advise you on your specific facts.
• If you have safety concerns about how the biological parent will be notified or contacted, raise them with the clerk or an attorney before you file.

Abandonment: Wyoming sets no fixed number of months for abandonment. It depends on the parent's overall conduct (Wyo. Stat. § 1-22-110). A restraining order may be part of that picture, but whether it matters in your case is a question for an attorney.

Wyoming requirements that apply to you:

• Court: Adoption petitions are filed in District Court (Wyo. Stat. § 1-22-104(a)).
• Residency: The adopting parent must have lived in Wyoming for the 60 days immediately before filing (Wyo. Stat. § 1-22-103).
• Child's consent: A child who is 14 or older has a consent role under Wyo. Stat. § 1-22-109.
• Home study: The investigation is waived for stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)).
• Privacy: Adoption hearings are closed unless the court orders otherwise (Wyo. Stat. § 1-22-105), which may matter to families dealing with a protective order.
• Timeline: Stepparent adoptions in Wyoming typically take 3-6 months.

Filing fees: The District Court clerk in your county can confirm the current fee and any local filing steps. Wyoming has 23 counties, and local procedures can differ.

Next steps:

• Gather a copy of the restraining order and any related court paperwork.
• Ask the clerk what they need to see when the other parent has a protective order against them.
• Cons