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

Possibly, yes, but the answer depends on the facts of your family. Vermont sets an abandonment period of 6 months under 15A V.S.A. § 3-504. Whether a parent who only texts your spouse, with no contact with the child, fits that provision is a question for the Probate Court. The court clerk in your county or a family attorney can speak to your specific situation.

What Vermont law gives us to work with

• Abandonment period: 6 months, under 15A V.S.A. § 3-504.
• Where you file: the Probate Court in your Vermont county.
• Residency: 15A V.S.A. § 3-101(a)(1)-(2) sets a residency period of 6 months.
• Home study: waived for stepparent adoptions under 15A V.S.A. § 4-110(a).
• Child's consent: 15A V.S.A. § 2-401 sets the child's consent age at 14.
• Typical timeline: 3-6 months for a stepparent adoption.

Why the texts matter, and why they are not the whole story

Your situation has two parts. The other parent has had no contact with your child, but they are in touch with your spouse. The law's wording on abandonment and the way a judge weighs each kind of contact are details to confirm with the Probate Court clerk or an attorney before you rely on either one. If the other parent contests the adoption, or if their whereabouts are unknown, those are fact-specific issues where an attorney's advice is worth getting.

What you can do to prepare

Clear records tend to help in any case like this. You may want to gather:

• The date and nature of the last visit, call, video call, or message the other parent had with your child.
• Copies of the texts to your spouse, so it is clear who each message was written to and what it said.
• Any record of cards, gifts, support payments, or attempts to arrange time with the child, or the lack of them.
• A timeline of the last 6 months and beyond, written in your own words.

Keep the records factual and dated. Let the court draw conclusions from them.

Other things to know

• If your child is 14 or older, plan for the child's own consent.
• Your spouse's role, including any statement about the texts, may come up in the paperwork. Talk it through with your spouse before filing.
• If you need a filing fee amount or a local procedure, the Probate Court clerk in your county can confirm it.

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 price 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. We have helped 87 Vermont families, and our 100% court acceptance guarantee covers the paperwork we prepare.