Can I adopt my stepchild if there is an existing custody order in Louisiana?

Yes, an existing custody order does not close the door on a stepparent adoption in Louisiana. You file in the District Court in your parish, and the custody order is part of the history you share with the court. Louisiana's civil law heritage gives stepparents a clear path, and a custody order is common in these families.

What the custody order means for your case

How the order interacts with the adoption depends on your facts. That includes whether it grants the other parent visitation or sets child support, and whether the other parent agrees. Questions such as what happens to visitation or support once the adoption is final are best confirmed with the District Court clerk in your parish or with a Louisiana family attorney. Until then, treat the order as still in effect.

If the other parent is not involved

Louisiana sets an abandonment period of 6 months under La. Ch.C. Art. 1245. Whether your situation meets that standard is a fact-specific question for the court. If the other parent may object, or you are unsure where they are, speak with an attorney about that issue. If a parent's location is unknown, Louisiana allows service by publication after due diligence. Otherwise, personal service by the sheriff is allowed.

Louisiana basics that apply with or without a custody order

• Residency: There is no minimum residency period (La. Ch.C. Art. 1180), but you must be domiciled in Louisiana, meaning it is your permanent home.
• Child's consent: Louisiana does not require the child's consent. The court asks for and considers the wishes of a child 12 or older (La. Ch.C. Art. 1253(C)).
• Home study: It is waived in stepparent cases (La. Ch.C. Art. 1252(A)).
• Paperwork: Louisiana requires a Petition for Intrafamily Adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption. Include a copy of your custody order so the court sees the full picture.
• Court fees: Filing fees typically run $200-$400. The total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney.
• Timeline: Stepparent adoptions here typically take 3-6 months.

How to prepare

• Gather the custody order and any related orders, such as support or visitation schedules.
• Note the other parent's last known address and the date of their last contact with the child.
• Ask the District Court clerk in your parish about local filing details. They can confirm anything specific to your court.

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 parish. 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, and we back them with a 100% court acceptance guarantee. We have helped 881 Louisiana families and more than 34,000 families nationally since 2001.