What counts as abandonment for adoption purposes in Wisconsin?

Short answer: In Wisconsin, abandonment is governed by Wis. Stat. § 48.415, and the period the law looks to is 6 months. If the other biological parent has been out of the picture for that stretch, abandonment may be an issue in your stepparent adoption. Whether your situation meets the legal definition depends on the facts, and the Circuit Court decides that.

What the law sets:

• The statute: Abandonment is addressed in Wis. Stat. § 48.415.
• The time period: The abandonment period is 6 months. Older material online sometimes gives a longer figure, so use 6 months as your starting point.
• The court: Your case is heard in the Circuit Court in your Wisconsin county. There are 72 counties, and each clerk's office can explain local filing steps.

What this means for your family: Abandonment is not just a matter of counting months. A court looks at the actual history between the other parent and your child. Details such as what kinds of contact or support count, and how the 6 months is measured, depend on the statute's wording and the facts of your case. The Circuit Court clerk in your county can confirm procedural details, and an attorney can tell you how the law applies to your history. This is especially worth doing if the other parent disagrees with the adoption, or if you don't know where the other parent is.

Termination of parental rights: Wisconsin does not treat termination as a separate case for a stepparent adoption. It is addressed within the adoption process, so you are not starting a second lawsuit.

What to expect at the hearing: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise. Stepparent adoptions in Wisconsin commonly take about 3-6 months from start to finish. Your timing will depend on your county's schedule and on whether anyone contests the adoption.

How to prepare: It helps to gather what you know about the other parent before you file, such as:

• When the parent last had contact with your child.
• Any records of calls, messages, visits or support.
• The parent's last known address, if you have one.

Write down dates as accurately as you can. Clear information makes your paperwork easier to complete and gives an attorney or the clerk something concrete to work with.

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 Wisconsin county. You then file it yourself without an attorney. The cost 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.