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

You can start preparing a stepparent adoption in Nebraska while your spouse is deployed. The part to plan around is your spouse's consent, because it is a required piece of the process, and the County Court clerk can tell you how a deployed spouse's signature and hearing attendance are handled.

What Nebraska's process includes: A stepparent adoption starts with a Petition for Adoption. It also includes consent forms (or a motion to terminate parental rights if the other biological parent is not consenting) and your spouse's consent to the adoption. Because your spouse's consent is needed, you will want the timing of their signature worked out early.

Questions to ask the clerk: Nebraska's data does not address deployment specifically. Before you file, call the County Court clerk in your county (Nebraska has 93 counties, including those around Omaha, Lincoln, Bellevue, Grand Island and Kearney) and ask:

• How your spouse's consent may be signed and returned from a deployment location
• Whether your spouse must attend the hearing, and whether remote participation is an option
• Whether the court can set the hearing date around your spouse's schedule

If your situation involves a contested case, an unknown parent, or a biological parent who is also in the military, talk to an attorney about that specific issue.

Other Nebraska specifics that still apply:

• Residency: Nebraska sets no minimum residency period (Neb. Rev. Stat. § 43-102), so you do not need to wait out a residency clock.
• Child's consent: A child who is over 14 must consent (Neb. Rev. Stat. § 43-104).
• Other parent's rights: If the other biological parent is not consenting, abandonment is measured at 6 months (Neb. Rev. Stat. § 43-104(4)(b)). Whether it fits your situation depends on facts, so check with the clerk or an attorney.
• Home study: Nebraska waives the home study for stepparent adoptions (Neb. Rev. Stat. § 43-107).
• Service: If the other parent must be notified, Nebraska allows personal service by a sheriff or process server, or service by publication if that parent's location is unknown. Nebraska also has a putative father registry.

Timing and cost: Stepparent adoptions in Nebraska typically take 3-6 months.