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

Yes, you can ask the Maine Probate Court for a stepparent adoption even when a custody order is already in place. Exactly how the court treats that order, including visitation or child support terms, depends on your facts, so confirm those details with the Probate Court clerk in your county or with an attorney.

What Maine's data says applies to you:

• Court: Stepparent adoptions are filed in the Probate Court in your county. Maine has 16 counties.
• Residency: Maine has no minimum residency period under 18-C M.R.S. § 9-301.
• Child's consent: A child who is 12 or older must consent under 18-C M.R.S. § 9-302.
• Home study: It is waived for stepparent adoptions under 18-C M.R.S. § 9-304.
• Timeline: Stepparent adoptions in Maine typically take 3-6 months.

If the custody order gives the other parent visitation: The order is part of the history of your family, and the court will want an accurate picture of it. Whether the other parent consents is a major question in any adoption. If that parent does not consent, the abandonment rules may come into play. Maine's abandonment period is 6 months, with citations at 18-C M.R.S. § 9-204 and 22 M.R.S. § 4002(1-A). Whether your situation meets that standard is up to the court. If the other parent contests the adoption, or you don't know where they are, talk to an attorney or the Probate Court clerk about that specific issue.

What to gather now:

• A complete copy of the current custody order, along with any later modifications.
• Any child support order, if there is one.
• Your marriage information and your stepchild's birth information.
• Anything that shows how much contact the other parent has had with your stepchild, such as messages, visit records, or the dates of the last contact.

Questions for your county's Probate Court clerk:

• Filing fees and how they are paid.
• Whether the court wants the custody order attached to your petition, or any local forms or steps.
• How hearings are scheduled in your county.

The clerk can't give legal advice, but they can explain local procedure and the fee amounts.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, including details about your existing custody order, 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. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we offer a 100% court acceptance guarantee. We have helped 151 Maine families, and more than 34,000 families nationally since 2001.