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Can I adopt my stepchild if there was domestic violence by the biological parent in Wyoming?

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

Yes, as a stepparent you can ask the Wyoming District Court to approve the adoption of your stepchild, and a history of domestic violence by the biological parent does not change where you file or who may file. A petition may be filed by either spouse if the other spouse is the child's parent (Wyo. Stat. § 1-22-104(b)). How the court weighs the violence in your particular case depends on your facts, so it is worth talking with an attorney about that part.

What Wyoming law sets out for stepparent adoptions:

  • Court: You file in the District Court in your county. Wyoming has 23 counties.
  • Residency: You must have lived in Wyoming for 60 days immediately before filing (Wyo. Stat. § 1-22-103).
  • Your child's consent: Wyoming sets a child consent age of 14 (Wyo. Stat. § 1-22-109). If your child is near that age, the District Court clerk can explain how it applies to you.
  • Home study: It is waived for stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)), so there is no required home visit.
  • Typical timeline: Stepparent adoptions in Wyoming generally take 3-6 months.

Abandonment and the other parent: Wyoming sets no fixed number of months for abandonment. It depends on the parent's overall conduct (Wyo. Stat. § 1-22-110). Whether violence, a protective order, or a lack of contact affects the other parent's consent or rights is a question about your specific facts. An attorney can answer it, and so can the District Court clerk in your county.

Privacy: Hearings in adoption proceedings are closed unless the court orders otherwise (Wyo. Stat. § 1-22-105). That may be some comfort if you are worried about who sees your family's information.

Safety questions to ask locally: Several practical points depend on your county and your situation, and they are best confirmed before you file:

  • How the other parent will be notified of the petition, and how notice is delivered
  • Whether an existing protective order is affected by the adoption case
  • Whether your address can be kept out of public records
  • What the filing fee is in your county

The District Court clerk can tell you about court procedures and fees. An attorney or a local domestic violence advocate can help you plan for your safety, especially around the time the other parent is notified. If you ever feel in immediate danger, contact local emergency services.

Contested situations: If you expect the biological parent to object, or you are unsure where that parent is, the outcome depends on facts and procedures that a lawyer should review with you.

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

Full Wyoming guide →

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02Check the state rules

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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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