Wisconsin Statutes
Wis. Stat. § 48.835 (2026)
Placement of children with relatives for adoption
✓ current as of July 2026
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48.835(1)(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.
48.835(2)(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.
48.835(3)(a)(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).
48.835(3)(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.
48.835(4)(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).
48.835 AnnotationConcurrent termination of parental rights/adoption proceedings under this section are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing the petition. B.F. v. G.D.J., 168 Wis. 2d 634, 484 N.W.2d 359 (Ct. App. 1992).
48.835 AnnotationGrandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. L.P. v. B.G., 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
Notes of Decisions
Cited in 4
cases, 1992–1994 · leading case: In Interest of Angel Lace M., 516 N.W.2d 678 (Wis. 1994).
In Interest of Angel Lace M., 516 N.W.2d 678 (Wis. 1994). “[7] Section 48.835(3)(b) provides: 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.”
In Re Adoption of JCG, 501 N.W.2d 908 (Wis. Ct. App. 1993). “The appellants could have petitioned under sec. 48.835, Stats., if either parent had placed the children for adoption in appellants' home before the parents' *429 rights had been terminated.”
L.P. v. B.G., 501 N.W.2d 908 (Wis. Ct. App. 1993). “The appellants could have petitioned under sec. 48.835, Stats., if either parent had placed the children for adoption in appellants' home before the parents' *429 rights had been terminated.”
In Re Termination of Parental Rights of JLF, 484 N.W.2d 359 (Wis. Ct. App. 1992). “) The statute provides for the contemporaneous filing by the parent (here the mother) of a "petition to terminate the parental rights of the parent who does not have custody of the child" (the father), and a petition for adoption by the "relative" (the stepfather).”
— Wis. Stat. § 48.835(3)(a) — 1 case
In Re Termination of Parental Rights of JLF, 484 N.W.2d 359 (Wis. Ct. App. 1992). “) The statute provides for the contemporaneous filing by the parent (here the mother) of a "petition to terminate the parental rights of the parent who does not have custody of the child" (the father), and a petition for adoption by the "relative" (the stepfather).”
— Wis. Stat. § 48.835(3)(b) — 1 case
In Interest of Angel Lace M., 516 N.W.2d 678 (Wis. 1994). “[7] Section 48.835(3)(b) provides: 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.”
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