The biological parent hasn't seen my child in over a year. Can I adopt in Wisconsin?

Yes, it may well be possible. Wisconsin sets the abandonment period at 6 months (Wis. Stat. § 48.415), and the time you describe is longer than that. Whether a court actually finds abandonment depends on the facts of your case, so here is how it fits together.

What the 6-month period means for you. Wisconsin's abandonment period is the benchmark that applies when the other biological parent has had no contact with your child. A gap longer than 6 months is a strong starting point, but the Circuit Court decides based on your specific circumstances. If the other parent has reached out, sent support, or disagrees with your account, the case may be contested. For a contested situation, or if you are unsure who the legal parent is, ask an attorney or the Circuit Court clerk in your county.

Where you file. Stepparent adoptions are handled by the Circuit Court in your county. Wisconsin has 72 counties, and each clerk's office can tell you about local filing procedures and the current filing fee.

Other Wisconsin requirements that matter here:

• Residency: Wisconsin has no minimum residency period for filing (Wis. Stat. § 48.82).
• Child's consent: Wisconsin does not require your child's consent. A child 14 or older attends the hearing unless the court orders otherwise.
• Home study: It is waived in stepparent adoptions (Wis. Stat. § 48.88), which removes a step that often slows other adoptions.
• Termination: Termination of the other parent's rights is not a separate proceeding in Wisconsin, so you are not filing a second case.

What to expect on timing. Stepparent adoptions in Wisconsin typically take about 3-6 months. The pace depends on your county's court schedule and on whether the other parent responds or objects.

What to gather now. It helps to write down the facts about the other parent's absence:

• the last time they saw your child
• any calls, messages, cards, or visits since then
• any support they have or have not paid
• their last known address, if you have one

A clear, honest record makes your paperwork stronger and helps the court understand your family's situation.

What you can do next. If the other parent has been absent and you are ready to move forward, the next step is preparing the court paperwork for your county. If you expect the other parent to fight the adoption, or you are unsure how the court would view your history together, talk to a Wisconsin family law attorney about that issue before filing.

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, which you file 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. We have helped 385 Wisconsin families, and more than 34,000 families nationally since 2001.