In this answer · 3 sections
Yes, you can file a stepparent adoption petition in Wyoming when the biological parent has only supervised visitation. Whether the adoption can be granted depends on the facts of your family's situation, especially that parent's involvement and conduct. A petition may be filed by either spouse if the other spouse is the child's parent (Wyo. Stat. § 1-22-104(b)), and it is filed in District Court.
How supervised visitation fits in: Wyoming does not set a fixed number of months for abandonment. Under Wyo. Stat. § 1-22-110, abandonment depends on the parent's overall conduct. So there is no set "missed visits for X months" clock to count. What matters is the whole picture, such as whether the parent has used the visits the court allowed, whether they have kept in touch, and how involved they have been in the child's life.
Two common situations:
- The parent rarely or never uses the supervised visits. This history may be relevant to abandonment, but it is a fact question. How a court weighs it in your case is something to confirm with an attorney or the District Court clerk.
- The parent attends visits regularly. The abandonment route may be harder to rely on. Since the outcome turns on the details, talk with an attorney about a contested situation like this.
Other Wyoming requirements that apply:
- Residency: The adopting parent must have lived in Wyoming for 60 days immediately before filing (Wyo. Stat. § 1-22-103).
- Child's consent: The child consent age is 14 (Wyo. Stat. § 1-22-109). If your stepchild is 14 or older, plan for that step.
- Home study: It is waived for stepparent adoptions (Wyo. Stat. § 1-22-111(a)(ii)).
- Timeline: Stepparent adoptions in Wyoming typically take 3-6 months. A contested case may take a different amount of time, and the District Court clerk in your county can tell you more.
Documents to gather:
- A copy of the current custody or visitation order that requires supervision
- Any records showing which visits took place and which did not
- Any messages, cards, or other contact between the parent and the child, or the lack of it
These help you see where your situation stands and give an attorney or the court a clear record. The District Court clerk in your county can confirm local filing steps and the filing fee.
When to get legal help: If the biological parent is likely to object, or if you are unsure whether the facts amount to abandonment, speak with a Wyoming family law attorney about that specific issue. We can't tell you how a judge will rule on your facts, and an attorney can.
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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