Wis. Stat. § 48.835
This is the official text of Wis. Stat. § 48.835, part of Wisconsin’s Wisconsin Statutes — the complete compiled statutory law of Wisconsin, organized into numbered chapters by subject.
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Placement of children with relatives for adoption.
Official statutory text
(1) Definition. In this section and s. 48.837 , “custody” means physical custody of a child by the child’s parent not in violation of a custody order issued by a court. “Custody” does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.
(2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.
(3) Petition for termination of parental rights required; exception.
(a) If the child’s parent has not filed a petition for the termination of parental rights under s. 48.42 , the relative with whom the child is placed shall file a petition for the termination of the parents’ rights at the same time the petition for adoption is filed, except as provided under par. (b) .
(b) If the person filing the adoption petition is a stepparent with whom the child and the child’s parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.
(4) Hearings. Notwithstanding s. 48.90 (1) (a) , the court may hold the hearing on the adoption petition immediately after entering the order to terminate parental rights under s. 48.427 (3) .
History: 1981 c. 81 ; 1987 a. 355 ; 1997 a. 104 .
(2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.
(3) Petition for termination of parental rights required; exception.
(a) If the child’s parent has not filed a petition for the termination of parental rights under s. 48.42 , the relative with whom the child is placed shall file a petition for the termination of the parents’ rights at the same time the petition for adoption is filed, except as provided under par. (b) .
(b) If the person filing the adoption petition is a stepparent with whom the child and the child’s parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.
(4) Hearings. Notwithstanding s. 48.90 (1) (a) , the court may hold the hearing on the adoption petition immediately after entering the order to terminate parental rights under s. 48.427 (3) .
History: 1981 c. 81 ; 1987 a. 355 ; 1997 a. 104 .
Status: in_force · Read it on the official government site
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