Does incarceration count as abandonment for adoption in Wyoming?

Whether incarceration counts as abandonment in Wyoming depends on the parent's overall conduct, because Wyoming sets no fixed number of months for abandonment. The rule is in Wyo. Stat. § 1-22-110. Because there is no countdown, a prison term does not start or stop a clock by itself. The District Court looks at the whole picture of what the parent has and hasn't done.

What this means for you: It helps to have a clear, honest record of the incarcerated parent's conduct toward your child. Useful details include:

• Whether he or she has written letters or cards
• Whether there have been phone calls or visits
• Whether he or she has asked for contact or parenting time
• Whether he or she has sent gifts or financial support
• Whether you or others have kept contact open or blocked it

How much weight the court gives each of these is up to the judge. If the other parent might object, how the court will treat your particular facts is a question for an attorney or the District Court clerk in your county.

Contested situations: If the incarcerated parent is likely to fight the adoption, or you are unsure how his or her conduct will be viewed, talk to a Wyoming family law attorney about your specific case. The clerk can explain filing procedures, but cannot give legal advice.

Other Wyoming basics for a stepparent adoption:

• Court: You file a petition in the District Court in your county. Wyoming has 23 counties, including those around Cheyenne, Casper, Laramie, Gillette and Rock Springs.
• Residency: Under Wyo. Stat. § 1-22-103, the residency note is 60 days immediately before filing.
• Home study: Wyoming's investigation provision, Wyo. Stat. § 1-22-111(a)(ii), is waived for stepparent adoptions.
• Timeline: Stepparent adoptions typically take about 3-6 months.
• Fees: The District Court clerk in your county can confirm the current filing fee.

Don't assume either way: Having a parent in prison does not settle the question for you, and you shouldn't assume the court will see it as abandonment or as something that must be overlooked. The court's focus is on conduct, so documenting the facts accurately matters more than the fact of incarceration alone.

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. The cost is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 191 Wyoming families and more than 34,000 families nationally since 2001.