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

Yes. An existing custody order does not prevent stepparent adoption in Michigan. In fact, the adoption will supersede the existing custody order once finalized.

How it works:

• The existing custody order between your spouse and the biological parent remains in effect until the adoption is finalized
• Once the adoption is complete, the biological parent's rights are terminated and the custody order becomes moot
• You become the child's legal parent, replacing the biological parent

What to include in your filing:

• A copy of the existing custody order should be filed with the adoption petition
• The Family Division of Circuit Court needs to know about any existing orders affecting the child
• Any existing child support orders will be terminated upon adoption

If the custody order gives the biological parent visitation:

• Visitation continues until the adoption is finalized
• If the biological parent has not exercised visitation for 24+ months, this supports abandonment under MCL § 710.51
• Once adoption is final, visitation rights are terminated

Cost: $349 document preparation + court fees

Timeline: 3-6 months

Provide a copy of the existing custody order when you complete the questionnaire at stepparentadoption360.com/questionnaire.