Can I adopt my stepchild if I work out of state but live in West Virginia?
West VirginiaYes. Working out of state does not affect your eligibility for stepparent adoption in West Virginia. What matters is where you live — your primary residence — not where you work.
Residency requirement:
- West Virginia requires 0 months of residency (W. Va. Code § 48-22-201)
- Residency is based on your home address — where you sleep, where your family lives
- Commuting across state lines for work does not change your residency
- Even extensive travel for work does not affect residency if your home is in West Virginia
What the court looks at:
- Where is your primary home?
- Where does the child live?
- Where do you file taxes as a resident?
- Where is your driver's license issued?
Remote workers and frequent travelers:
- If you work remotely from your West Virginia home, residency is clear
- If you travel for work but maintain your home in West Virginia, residency is clear
- If you live in another state and commute TO West Virginia for work, you are NOT a West Virginia resident
The adoption is filed where the child lives. If you and the child live in West Virginia, file in West Virginia Circuit Court.
Cost: $349 | Timeline: 3-6 months
Start at stepparentadoption360.com/questionnaire or call (855) 924-0450.
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