Section 48.835. Placement of children with relatives for adoption.

 

(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) .

1981 c. 81 ; 1987 a. 355 ; 1997 a. 104 . Concurrent TPR/adoption proceedings under s. 48.835 are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing the petition. In re J.L.F. 168 Wis. 2d 634 , 484 N.W.2d 359 (Ct. App. 1992). Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. Adoption of J.C.G. 177 Wis. 2d 424 , 501 N.W.2d 908 (Ct. App. 1993).