What if the biological parent lives in Wisconsin but I live in another state?

Short answer: Wisconsin's adoption statute describes eligible adopters as Wisconsin residents, so the other parent living in Wisconsin does not by itself bring your adoption into a Wisconsin Circuit Court if you and the child live in another state. Where your case should be filed depends on your facts, so confirm it with the Circuit Court clerk in the Wisconsin county involved or with an attorney before you file anything.

What Wisconsin law says about who can adopt:

• Under Wis. Stat. § 48.82, an eligible adopter of a minor is a Wisconsin resident. That means a husband and wife jointly, either spouse if the other is the minor's parent, or an unmarried adult.
• As a stepparent, you fall into the "either spouse if the other is the minor's parent" group, but the statute ties that group to Wisconsin residency.
• Wisconsin sets no minimum number of months you must have lived in the state. The question is whether you are a Wisconsin resident, not how long you have been one.

If you and the child live in Wisconsin: The case is heard in the Circuit Court in your county. Wisconsin has 72 counties, and each court's local filing practices can differ, so the clerk can confirm the details for yours.

If you live elsewhere: Whether a Wisconsin court can hear your case, or whether it belongs in the court of the state where you live, is a question for the Circuit Court clerk or an attorney. The same goes for how the Wisconsin parent is formally notified and whether their consent can be signed in Wisconsin and used in your case. Those answers turn on your family's details.

Other Wisconsin points that may matter to you:

• Home study: Wisconsin waives the home study in stepparent adoptions (Wis. Stat. § 48.88).
• Child's consent: Wisconsin does not require the child's consent. A child 14 or older attends the hearing unless the court orders otherwise, which is worth planning for if you are traveling.
• If the other parent will not consent: Wisconsin's abandonment provision, Wis. Stat. § 48.415, uses a six-month period. Contested situations and unknown whereabouts depend heavily on the facts, so an attorney is the right person to advise on them.
• Timeline: Stepparent adoptions in Wisconsin typically take 3-6 months.

Questions to ask the clerk or an attorney:

• Am I eligible to file in Wisconsin, given that I live in another state?
• If not, which court should hear the case?
• How should the Wisconsin parent be notified or