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Yes, you can ask a Washington Superior Court to approve a stepparent adoption even when your stepchild spends part of their time with the other biological parent. What matters is how that parent's role is handled: through their consent, or through the court's look at their conduct.
Part-time living is not the deciding factor. Washington's data doesn't set a rule based on how a custody schedule is divided. What matters is the other parent's relationship with the child and whether they consent. Because this depends on your facts, the Superior Court clerk in your county or an attorney can tell you how your particular schedule may be viewed.
Consent from the other parent. For a child under 18, parental consent is part of the process under RCW 26.33.160(1). If the other parent is actively involved and willing, their written consent can keep things simple. The court schedules a hearing and gives notice to everyone whose consent is required, unless that notice is waived in writing (RCW 26.33.240).
If the other parent will not consent. Washington does not set a fixed number of months for abandonment. It depends on the parent's overall conduct (RCW § 26.33.120). Courts look at the whole relationship, not just one factor like child support. A parent who sees the child regularly presents a different picture than a parent who has been absent for years. If the other parent objects and is actively parenting, your case could become contested. A contested case depends heavily on the facts, so talk with an attorney about that specific issue.
Your stepchild's own consent. If your stepchild is 14 or older, their consent is also required (RCW § 26.33.160). Younger children don't have this consent requirement.
Other practical points:
- Residency: Washington has no minimum residency period. You file in the Superior Court of the county where you live or where the child is domiciled (RCW 26.33.030).
- Home study: Whether a home study applies to your situation is something the court clerk can confirm (RCW 26.33.220).
Stepparent adoption in Washington at a glance
- Court
- Superior Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $200-$500
- Child must consent at age
- 14
- Home study
- May be required
- Washington families we've helped
- 1,104
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