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Can I adopt my stepchild if there is an existing custody order in Wyoming?

3 min readHelping families since 2001Wyoming
In this answer · 1 sections

Yes, you can file a stepparent adoption petition in Wyoming even if a custody order already exists, but how the adoption affects that order is something to confirm with the District Court clerk or an attorney. Wyoming's adoption law lets either spouse file when the other spouse is the child's parent (Wyo. Stat. § 1-22-104(b)). Adoption proceedings begin with a petition filed in District Court (Wyo. Stat. § 1-22-104(a)).

What the custody order means for your case: The statutes we work from don't say how a finished adoption changes an existing custody order, visitation schedule or child support order. Those details turn on your family's facts and the court's orders. Ask the District Court clerk in your county, or an attorney, how your specific order will be handled. Keep a copy of the order handy, because it helps to have it when you describe your family's situation.

Wyoming requirements that apply to your filing:

  • Residency: The adopting person must have lived in Wyoming for 60 days immediately before filing (Wyo. Stat. § 1-22-103).
  • Child's consent: Wyoming sets the child consent age at 14 (Wyo. Stat. § 1-22-109).
  • Home study: Wyoming waives the home study in stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)).
  • Timeline: Stepparent adoptions in Wyoming typically take 3-6 months.

If the other parent is involved: Whether the other biological parent must consent, and what happens if they object, depends on your situation. If you think the parent has abandoned the child, Wyoming sets no fixed number of months. Abandonment depends on the parent's overall conduct (Wyo. Stat. § 1-22-110). A custody order that gives that parent visitation, or a parent who has stayed out of the child's life, makes your case fact-specific. For a contested case or a parent you can't locate, talk with an attorney about that issue.

Court fees: Filing fees vary, and the District Court clerk in your county can tell you the current amount and how to pay it. Wyoming has 23 counties, and each handles filing through its own District Court.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we offer a 100% court acceptance guarantee.

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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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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