What is an abandonment affidavit for adoption in Wisconsin?

In Wisconsin, an abandonment affidavit is a sworn written statement, usually from your spouse (the child's parent), that describes the other biological parent's absence from the child's life so the Circuit Court has facts to review when that parent is not consenting to the adoption.

The Wisconsin abandonment period: Wisconsin's abandonment period is 6 months, found in Wis. Stat. § 48.415. The affidavit should lay out the timeline clearly, so the court can see how the parent's absence compares with that period.

What a strong affidavit usually covers:

• Last contact: the date and circumstances of the last time the other parent saw, called or wrote to the child.
• The absence itself: visits, calls, cards, messages or other contact that did or did not happen, described in plain, specific terms.
• Duration: how long the absence has lasted, with dates you can stand behind.
• Support: whether the parent has provided financial support or gifts, and when.
• Your efforts: any attempts you or your spouse made to keep the other parent involved, such as invitations to visit or messages sent.

Specific beats general. A statement like "he was never around" tells the court very little. A statement like "the last visit was on a particular date, and no calls or messages have come since" gives the court something concrete. Be accurate and complete, including facts that may not seem helpful. Because the statement is sworn, honesty matters.

Who is involved: Because your spouse is the child's parent and knows the history firsthand, the affidavit generally comes from your spouse's own knowledge. Details such as who signs, whether a supporting statement from you is useful, and how the document must be sworn or notarized for your county's Circuit Court are best confirmed with the Circuit Court clerk in your county. Wisconsin has 72 counties, and local practices can vary.

Where the affidavit fits: The affidavit is one part of the full court package. It is not the whole case. The court still holds a hearing, and 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.

When your situation is more complicated: Some situations depend on the specific facts, and an affidavit alone may not settle them:

• The other parent objects or contests the adoption.
• You do not know where the other parent is, or the other parent's identity is unknown.
• The other parent had some contact or paid some support during the period.

For questions like these, talk to the Circuit Court clerk in your county about procedure, or to a Wisconsin family law attorney about how the law applies to your facts. We can't tell you how a court will rule on your particular case.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, including the details about the other parent's absence, and we prepare the complete court document package for your county, including the abandonment affidavit, so you can file it yourself without an attorney. Court-ready documents are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we back the package with a 100% court acceptance guarantee. We have helped 385 Wisconsin families, and more than 34,000 families nationally since 2001.