Can I adopt my stepchild if they live with the other biological parent part-time in New York?

This is a more complex situation. If the biological parent has active, meaningful involvement with the child — including regular custody or visitation — a stepparent adoption will likely require their consent.

Why this is different:

• Abandonment requires 6+ months of no meaningful contact (N.Y. Dom. Rel. Law § 111(2))
• A parent who regularly sees the child has NOT abandoned them
• Refusing consent when actively parenting creates a contested adoption

Your options:

1. Ask for consent:

• Many involved parents eventually agree, especially if the stepparent has been a positive presence
• The biological parent may agree if they understand the child's wishes

2. Wait for circumstances to change:

• If the parent's involvement decreases over time, abandonment may eventually apply
• Document the declining contact carefully

3. Contested adoption:

• If you believe adoption is in the child's best interest despite the parent's objection, you can petition
• This requires an attorney and a court hearing
• The standard is higher — the court must find termination is justified despite the parent's involvement

Our recommendation:

Call (855) 924-0450 to discuss your specific custody arrangement. We can help you determine the best path forward.