Can I adopt my stepchild in Vermont if the bio parent only has supervised visitation?

Yes, you can file a stepparent adoption petition in Vermont Probate Court even if the biological parent has only supervised visitation, but how the case plays out depends on that parent's actual involvement with the child. The visitation order is an important fact in your case, though it doesn't answer every question by itself.

What the court will look at:

• Abandonment. Vermont's abandonment provision, 15A V.S.A. § 3-504, uses a period of 6 months. Whether a parent's pattern of supervised visits, missed visits or no contact meets that standard is a question for the judge, based on your specific facts.
• The parent's position. If the other parent is actively using supervised visits, or opposes the adoption, your case may be contested. In that situation, speak with a Vermont family law attorney or the Probate Court clerk about your particular circumstances.
• The existing order. The custody or visitation order tells the court what the parent is allowed to do. Your records of what the parent has actually done add the other half of the picture.

Vermont requirements that apply to you:

• Residency: 15A V.S.A. § 3-101(a)(1)-(2) sets a residency period of 6 months.
• Child's consent: If your stepchild is 14 or older, the child's consent is part of the process under 15A V.S.A. § 2-401.
• Home study: A home study is waived in stepparent adoptions under 15A V.S.A. § 4-110(a).
• Court: Your petition goes to the Probate Court. Vermont has 14 counties, and the clerk in your county can answer local questions about filing, including the current filing fee.
• Timeline: Stepparent adoptions in Vermont typically take 3-6 months.

What to gather now:

• A copy of the current custody and visitation order
• Any record of which supervised visits happened, which were missed, and when the last visit took place
• Messages, supervision-center notes or other documentation of the parent's contact (or lack of it) with your stepchild
• Your stepchild's birth certificate and your marriage certificate

Keep your records factual and dated. Notes such as "visit scheduled for May 3, parent did not attend" are more useful than general summaries.

Questions the clerk or an attorney should answer:

Whether the other parent's consent is needed in your situation, how the court will treat a parent who visits only occasionally, and what happens if the parent objects all depend on your facts. The Probate Court clerk in your county can explain procedure, and an attorney can advise on a contested case. Neither this page nor any document service can predict how a judge will rule.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.