A Guide to Wisconsin Parental Rights
Wisconsin takes parental rights very seriously so the process of voluntary termination is complicated. But there are times when it’s necessary. This article will cover the key considerations for you whether you’re looking to termination your parental rights or adopt a child. Knowing the law in Wisconsin is key and talking to a Wisconsin family law attorney will help.
Parental rights are big in Wisconsin. If there is no legal father—either through marriage or paternity adjudication—the mother has full custody and decision making authority. Fathers get specific rights when they are legally recognized including:
- Priority for custody if the mother puts the child up for adoption.
- Filing for custody decisions in court.
- Submitting a parenting plan during custody proceedings.
Wisconsin courts prioritize the best interests of the child and treat both parents equally. Legal parents not granted primary physical placement (Wisconsin’s term for custody) are usually awarded substantial visitation rights to preserve the child’s relationship with both parents.
Parental rights also come with responsibilities such as financial support. Non-custodial parents must pay child support and provide for the child during their time with the child.
Wisconsin Voluntary Termination of Parental Rights
The difference between voluntary and involuntary termination is consent. Voluntary surrender is when a parent gives up their rights, involuntary surrender is when the court takes them away due to abuse or abandonment. Regardless of the type the child’s best interests are always the court’s top priority.
Process for Voluntary Termination:
- File a petition stating the reasons for surrender.
- Appear in court and show the parent understands the consequences of the decision.
- Be evaluated by a guardian ad litem who will investigate the child’s situation and report to the court.
Wisconsin law prefers to have two legal parents for stability. Courts don’t like to approve terminations that result in public assistance dependency or child hardship. But voluntary termination may be granted if it allows another parent to adopt the child and ensure the child’s financial and emotional well-being.
Wisconsin Stepparent Adoption
Stepparent adoption is a common situation where one parent’s rights need to be terminated. Wisconsin law allows a spouse to adopt their stepchild if they live with the child and custodial parent. The process involves:
- Termination of parental rights (voluntary, involuntary or due to death).
- Filing an adoption petition and court investigation.
- Adoption hearing where the court decides what’s best for the child.
Reasons for Involuntary Termination
In cases where a parent is a risk to the child involuntary termination may be sought. Reasons include:
- Total abandonment (no contact or support for six months or more).
- Parental disability preventing responsibilities.
- Child abuse or neglect.
Requires substantial evidence as Wisconsin courts don’t like to terminate parental rights without clear reason.
Regaining Parental Rights After Termination
Voluntary termination is usually final in Wisconsin. Exceptions may apply in cases of fraud or coercion and would require legal action to reinstate rights. Consult with a family law attorney to find out more.
FAQs
Can I voluntary termination my parental rights in Wisconsin?
Yes, voluntary surrender is allowed under certain circumstances.
How long can a father be absent and lose rights in Wisconsin?
A father can lose rights after six months of no contact or support, three months if the child is in foster care.
What is the difference between voluntary and involuntary termination?
Voluntary termination is a voluntary process, involuntary termination is court ordered due to abuse, neglect or abandonment.
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