One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Wisconsin?

Yes, you can ask the Wisconsin Circuit Court to adopt both stepchildren, but the two children's situations are different. One father's consent covers his child. The other child's adoption depends on what happens with the father who has not consented.

The child whose father consents: His written consent is the key piece for that child. Wisconsin does not require the child's own consent, though a child 14 or older attends the hearing unless the court orders otherwise.

The child whose father does not consent: Without his consent, the question becomes whether there are grounds to go forward without it. One ground Wisconsin law addresses is abandonment under Wis. Stat. § 48.415, which uses a period of 6 months. Whether his history meets that standard depends on the specific facts: his contact, his support, and whether he can be located. Whether the court accepts those facts is the court's decision. If he is likely to contest the adoption, or you are unsure where he stands, talk to a Wisconsin family law attorney about that child specifically.

Pieces that stay the same for both children:

• Court: Your petition is filed in the Circuit Court in your county. Wisconsin has 72 counties, and local forms and procedures can vary.
• Who may adopt: Under Wis. Stat. § 48.82, a Wisconsin resident may adopt as either spouse when the other spouse is the child's parent. Wisconsin has no minimum residency period for the adoption.
• Home study: It is waived in stepparent adoptions under Wis. Stat. § 48.88.
• Hearing: Plan to attend a hearing, and bring the children who are expected to be there.

Timing: A stepparent adoption in Wisconsin typically takes 3-6 months. A case with one non-consenting father may take a different path from a fully consented one. Ask the Circuit Court clerk in your county whether both children's petitions can be filed together or need to be handled separately. The clerk can also confirm the current filing fees and how your county handles a non-consenting parent. The clerk cannot give legal advice, so an attorney is the right person for questions about your specific case.

Before you start, gather:

• Each child's birth certificate and the names of both legal parents
• Your marriage certificate to the children's parent
• Anything showing the history of the non-consenting father's contact and support, such as dates, messages and court orders
• Contact information for the consenting father

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 file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee.