We divorced and remarried — can my spouse adopt my child now in Wisconsin?

Yes. In Wisconsin, a stepparent who is currently married to the child's parent can petition to adopt that child, and having divorced and then remarried does not appear in the eligibility rules. Under Wis. Stat. § 48.82, an eligible adopter includes a Wisconsin resident who is married to the child's parent. What counts is your marriage today.

Who can adopt: Wis. Stat. § 48.82 allows a Wisconsin resident to adopt as either spouse when the other spouse is the minor's parent. The statute speaks only of a current spouse and never mentions an earlier divorce between you and your spouse. If your history has unusual wrinkles, such as a gap in the marriage or a change in who has legal custody, the Circuit Court clerk in your county can tell you how to present it.

Residency: Wisconsin sets no minimum residency period. The adopting spouse needs to be a Wisconsin resident, but there is no waiting time to meet first.

The child's role: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.

The child's other parent: This is where your facts matter most. Wisconsin's abandonment provision, Wis. Stat. § 48.415, uses a 6-month period. Termination of the other parent's rights is not a separate proceeding in Wisconsin. Whether your situation involves a parent who agrees, a parent who objects, or a parent who is absent or unknown depends on the details. For any contested or uncertain situation, talk with the Circuit Court clerk or an attorney about that specific issue.

Home study: Wisconsin waives the home study for stepparent adoptions (Wis. Stat. § 48.88), so you do not have to schedule a home visit.

Where and how long: You file in the Circuit Court in your county. Wisconsin has 72 counties, and each clerk's office can confirm local filing procedures and the current court fees. Stepparent adoptions in Wisconsin typically take about 3-6 months.

What this means for your family:

• Your remarriage is the marriage the court will look at, and your spouse is the child's parent.
• You do not need to wait out a residency period, but you must live in Wisconsin.
• Your child does not have to consent, but a child 14 or older will usually attend the hearing.
• The other parent's situation is the piece to check carefully before you file.
• The court clerk or an attorney can address anything specific to your history.

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.