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

Vermont's adoption law says "any person may adopt or be adopted by another person" (15A V.S.A. § 1-102(a)), so you can begin a stepparent adoption even if a custody order exists. Exactly how the Probate Court treats your particular order is something to confirm with the Probate Court clerk in your county or with an attorney.

What stays the same with a custody order: The Probate Court handles the adoption, and the same Vermont requirements apply to your case. These are the ones most likely to matter:

• Residency: Vermont's residency period is 6 months (15A V.S.A. § 3-101(a)(1)-(2)).
• Child's consent: The child's consent age is 14 (15A V.S.A. § 2-401).
• Home study: It is waived for stepparent adoptions (15A V.S.A. § 4-110(a)).
• Timeline: Stepparent adoptions in Vermont typically take 3-6 months.

If the order gives the other parent visitation or contact: The order may matter to the other parent's role in your case. Vermont's abandonment period is 6 months (15A V.S.A. § 3-504). Whether your facts fit that provision, or whether the other parent must be notified or must consent, depends on your situation and on the order's terms. Ask the clerk or an attorney about that issue. This is especially important if the other parent disagrees with the adoption, or if you don't know where the other parent is.

What happens to the order and to child support: Questions about what happens to the existing custody order, visitation, or child support once an adoption is final depend on the wording of your order and on the court's ruling. Ask the Probate Court clerk or an attorney about your order before you count on any particular outcome.

Practical steps:

• Keep a complete, current copy of your custody order and any related orders handy, such as child support or modification orders.
• Ask the Probate Court clerk in your county whether the court wants the order filed with your petition, and what the filing fee is. The clerk can confirm the exact amount.
• Note the dates of the order and any recent contact or visitation. These details may matter if the other parent's role comes up.
• If the other parent is involved and may object, talk to an attorney about that part of your case.

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.