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

Possibly, but it depends on the other biological parent's situation. In Rhode Island, stepparent adoptions of minors go through Family Court, and whether yours can move forward while your stepchild spends part of their time with the other parent is something an attorney or the Family Court clerk in your county should confirm for your family.

What Rhode Island law tells us

• Abandonment: Rhode Island's abandonment period is 6 months (R.I. Gen. Laws § 15-7-7). How that period applies when a parent still has regular parenting time depends on the facts, so ask an attorney or the clerk about your specific schedule.
• Child's consent: If your stepchild is 14 or older, their own consent is required (R.I. Gen. Laws § 15-7-5(a)).
• Residency: Rhode Island sets no minimum number of months you must have lived in the state before filing (R.I. Gen. Laws § 15-7-4). A petition for a minor is still tied to Rhode Island residence.
• Home study: It is waived for stepparent adoptions (R.I. Gen. Laws § 15-7-11).
• Timeline: Stepparent adoptions in Rhode Island typically take 3-6 months.

What a part-time schedule can mean for you

Spending time in both homes does not by itself answer the question. What matters is the other parent's role and position, and whether they agree to the adoption. Here is how to think it through:

• If the other parent agrees: Talk with them about what the adoption would mean and about your stepchild's wishes. Then ask the Family Court clerk what paperwork documents their agreement.
• If the other parent does not agree, or you aren't sure: This is a fact-specific, potentially contested situation. Speak with a Rhode Island family law attorney before filing, because how the court treats it depends on the details of your case.
• **If contact has changed over time