Can I adopt my stepchild if the bio parent only sends texts to my spouse but never contacts the child in Alaska?

It may be possible, but it depends on the facts. In Alaska, the abandonment period is six months under Alaska Stat. § 25.23.050(a)(1)-(2). Whether a parent who texts only your spouse, and never the child, meets that standard is for the Superior Court judge to decide. The Superior Court clerk in your borough or an Alaska family law attorney can tell you how judges there treat that situation.

Why the texts matter. Your spouse hearing from the other parent is not the same as the child hearing from them. A court will want to know what actually happened between the other parent and the child. Whether texts to your spouse count for or against abandonment is a legal question we'd leave to the clerk or an attorney, because the answer depends on the specifics of your case.

What to gather. Whatever the court decides, a clear record helps. Consider writing down:

• The date of the other parent's last contact with the child, such as a visit, call, message, or card sent to the child.
• The date of the last time they took part in the child's school, activities, or medical care.
• What the texts to your spouse said, and whether any mentioned or reached the child.
• Whether the other parent has been prevented from contacting the child, or has simply chosen not to. A judge may ask about this, so be honest and complete.

Other Alaska basics that apply to you:

• Court: Your petition is filed in the Superior Court.
• Residency: Alaska has no minimum residency period for filing.
• Child's consent: The consent age is 10 (Alaska Stat. § 25.23.040). If your stepchild is 10 or older, the child's consent is part of the process.
• Home study: It is waived under Alaska Stat. § 25.23.100. The clerk can confirm whether your judge asks for anything further.
• Termination: In Alaska it is not a separate court case.
• Timeline: A stepparent adoption typically takes 3-6 months.
• Filing fee: The Superior Court clerk in your borough can confirm the current amount.

If the other parent objects or can't be located. Once the other parent is served, they may respond, show up, or contest. If so, how the court proceeds depends on the facts and on Alaska procedure. Please talk to an attorney about that part, since a contested case is different from an uncontested one.

If the other parent agrees. If the other parent is willing to consent, the question of whether the texts amount to abandonment may not come up. Your court clerk can explain how consent is handled in your borough.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The cost is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 126 Alaska families, and more than 34,000 families nationally since 2001.