What happens if the adoption is contested in Wisconsin?

Short answer: If a parent contests a stepparent adoption in Wisconsin, the case is decided by the Circuit Court in your county, and the outcome depends on the facts of your family's situation. Because of that, this is a point where you should talk with an attorney.

What "contested" means: A contested adoption is one where a parent formally objects instead of agreeing. A parent who simply doesn't sign or doesn't respond is in a different position from a parent who actively opposes the adoption. Which situation you are in matters, and the Circuit Court clerk in your county can explain how the court handles each one.

What the Wisconsin data tells us:

• Court: Your petition is filed in the Circuit Court. Wisconsin has 72 counties, and each has its own clerk who can explain local scheduling.
• Abandonment: Wisconsin's abandonment period is 6 months under Wis. Stat. § 48.415. Whether your facts meet that standard is a question for the court, and an attorney can tell you how it applies to your case.
• No separate termination step: In Wisconsin stepparent adoptions, termination of parental rights is not handled as a separate case.
• Child's role: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise.

How long it takes: Stepparent adoptions in Wisconsin typically take 3-6 months. A contested case is a different situation, and the time it takes depends on the court's schedule and the issues raised. The clerk in your county can tell you more about scheduling.

What to do if you expect an objection:

• Talk to a Wisconsin family law attorney about your specific facts. Whether a parent's objection succeeds, and how the court weighs the evidence, can't be predicted from general information.
• Ask about limited-scope help. Some attorneys will represent you for just a hearing rather than the whole case. Ask whether that is available.
• Keep your paperwork accurate and complete. Clear, correctly prepared documents are the foundation of any adoption, contested or not.
• Keep records. Dates and details about contact or support, or the lack of it, may matter to your attorney.

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, though if your case is contested you may want an attorney's guidance as well. Our fee is $349 for the first child and $99 for each additional child. Court-ready documents are delivered 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 34,000+ families nationally since 2001.