Can I adopt my stepchild while my spouse is deployed from Colorado?

Yes, you can start a stepparent adoption in Colorado while your spouse is deployed. Whether your spouse can sign papers or take part in a hearing from a distance depends on the District Court in your county, so ask the clerk early.

Where your spouse fits in. Under C.R.S. § 19-5-202, a petitioner with a living spouse (not legally separated) must petition jointly unless the spouse is the natural or adoptive parent of the child. In a stepparent adoption, your spouse is the child's parent. Whether your spouse must still sign a consent, whether a notarized signature from the deployment location is accepted, and whether the court allows remote appearance at a hearing are questions for the District Court clerk in your county or an attorney.

Colorado basics that matter during a deployment:

• Court: Your petition is filed in the District Court. Filing and residency details are in C.R.S. §§ 19-5-201, 19-5-204.
• Residency: Colorado has no minimum residency period.
• Home study: Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)), so there is no home visit to schedule around your spouse's absence.
• Timeline: Stepparent adoptions in Colorado take about 3-6 months, so a deployment may overlap with part or all of the process.
• Court filing fee: Typically $200-$500, paid to the court.

If your child is 12 or older. Colorado requires children 12 and older to consent to their own adoption (C.R.S. § 19-5-203). That consent comes from the child, so it can be handled at home with you.

If the other biological parent is in the picture. What happens next depends on the facts. Colorado's abandonment period is 12 months (C.R.S. § 19-5-203(1)(d)(II)), but whether it fits your situation is something to confirm with the clerk or an attorney. The same goes for any protections tied to military service, whether yours, your spouse's, or the other parent's.

Ways to plan:

• Start now: Answer the questions and have your documents prepared while your spouse is away. Then ask the clerk how and when your spouse's part can be completed from a distance.
• Wait for your spouse's return: If the deployment is short, you may prefer to file when everyone can be present. The clerk can tell you what the court expects.
• Ask about scheduling: Check with the District Court clerk about hearing dates and whether the court can work around the deployment.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child, and you receive court-ready documents within 24-48 hours after you finish the questions. We have helped 526 Colorado families.