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

Yes, you can pursue a stepparent adoption in Texas as an adult petitioner, and the Texas requirements we work from do not list a previous marriage as a condition. Tex. Fam. Code § 162.001(a) says an adult may petition to adopt a child, subject to the standing requirements in Chapter 102. If you want to know exactly how your own marital history applies to your situation, the District Court clerk in your county or a family law attorney can confirm it.

What the process focuses on. These are the items Texas law spells out for stepparent adoptions:

• Residency: Texas sets no minimum residency period for filing (Tex. Fam. Code § 162.009).
• The child's consent: A child who is 12 or older has a consent role (Tex. Fam. Code § 162.010).
• The other parent: Under Tex. Fam. Code § 161.001, abandonment can apply when a parent has failed to support the child for at least six months, or has failed to maintain contact for one year or more.
• Home study: It is waived in stepparent adoptions (Tex. Fam. Code § 107.153(a-1)).

Your current marriage. Texas recognizes a common-law marriage if the legal requirements are met. If you and your spouse are not sure whether your relationship qualifies, ask the clerk or an attorney before you file.

If your previous spouse is the child's other parent. In that case, the consent and abandonment points above are the ones that matter. Occasional child support payments alone do not prevent an abandonment finding in Texas. Courts look at the whole relationship, including emotional support and overall involvement. Token contact doesn't prevent an abandonment finding either. Whether a particular parent's consent is needed, or whether abandonment applies, depends on your facts. If the other parent may contest the adoption, or you don't know where they are, speak with an attorney about that specific issue.

Where you file. You file in the District Court in your Texas county. Whether you live in Houston, San Antonio, Dallas, Austin, Fort Worth or a smaller community, the process is the same. A stepparent adoption in Texas typically takes about 3 months.

Typical costs. Court filing fees generally run $200-$500.