Can I adopt my stepchild in Colorado if I was previously married to someone else?

Yes. You can ask the Colorado District Court to approve your adoption of your stepchild even if you were married to someone else before. The Colorado requirements we work with do not turn on your earlier marriage. If you want to know whether the court asks for anything about a past marriage, such as divorce paperwork, the District Court clerk in your county can confirm it.

What matters for your petition: Colorado's requirements look at your current family and the child's situation. These are the points that apply to you:

• Your current spouse: Under C.R.S. § 19-5-202, a petitioner with a living spouse (not legally separated) must petition jointly unless that spouse is the child's natural or adoptive parent. As a stepparent, you are married to the child's parent.
• Residency: Colorado has no minimum residency period. Under C.R.S. §§ 19-5-201, 19-5-204, the petition is filed in the District Court of the proper county.
• Consent from a child 12 or older: A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203).
• The other biological parent: Colorado's abandonment provision, C.R.S. § 19-5-203(1)(d)(II), uses a 12-month period. Whether it fits your situation, or whether a parent's consent is needed, depends on your facts. For a contested case or a parent whose whereabouts are unknown, ask the clerk or an attorney.
• Home study: Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).

Timeline and cost: Stepparent adoptions in Colorado typically take 3-6 months. Court filing fees run about $200-$500, and the total cost is typically under $1,000, compared with $3,000-$5,000+ for an attorney. You can also request a name change for the child as part of the adoption at no additional cost.

Check with the clerk or an attorney if:

• Your earlier marriage involved a custody or child support case that is still active.
• The other biological parent objects to the adoption.
• You are unsure wh