Can I adopt my stepchild if there is a custody order in place?

Yes, but the existing custody order is an important factor. Here's how it works:

If there's a custody order giving the bio parent visitation:

• The adoption petition asks the court to terminate the bio parent's rights, which supersedes any custody order
• If the bio parent has been following the custody order (regular visits), establishing abandonment is harder
• If the bio parent has NOT been following the order (no visits despite having the right), this actually SUPPORTS abandonment

If the bio parent has joint custody:

• Joint custody doesn't prevent adoption, but active involvement makes it more complex
• If they're truly involved, adoption requires their consent
• If they have joint custody on paper but are absent in practice, abandonment can still be established

Important: A custody order that exists on paper means nothing if the parent isn't actually exercising their rights. Courts look at reality, not just paperwork.

After adoption:

• The custody order is terminated
• The stepparent becomes a legal parent
• New custody arrangements (if any) are between the two legal parents (your spouse and you)

Bring your existing custody order to our attention in the questionnaire. We prepare documents accordingly.

Cost: $349 | Phone: (855) 924-0450