Does incarceration count as abandonment for adoption in Washington?

Washington doesn't set a fixed number of months for abandonment, so whether incarceration counts depends on the parent's overall conduct under RCW § 26.33.120. Prison time is not a stand-alone answer either way. The question is what the parent's whole relationship with your child has looked like.

What "overall conduct" means for you. Because there is no countdown clock, the Superior Court looks at the full picture rather than a single fact, such as the sentence itself. Facts that are worth gathering include:

• Whether the parent has written, called, or asked to see the child
• Whether there have been gifts or support, and how regular they were
• How long the lack of contact has lasted
• Whether any contact was real and ongoing or only occasional

Support payments are not the whole story. Washington courts look at the overall relationship, not just money. Occasional child support does not prevent an abandonment finding if the parent has not kept up meaningful contact with the child. Years of non-involvement typically support an abandonment finding, and this is a common situation for Washington stepparent adoptions.

If the parent has stayed in touch. If the incarcerated parent has kept up real contact, your situation is less clear-cut, and the outcome depends on the specific facts. Where the other parent may object, or where you're unsure how the court will view the contact, talk with an attorney about your case. The Superior Court clerk in your county can also explain how notice is handled for a parent who is in custody.

What the process looks like.

• Your petition is filed in the Superior Court in your county.
• Stepparent adoptions in Washington typically take about 3-6 months.
• Court filing fees generally run $200-$500, and the total typically comes to under $1,000 when you file without an attorney. Attorney-handled adoptions often run $3,000-$5,000 or more.
• Washington has no minimum residency period for you to meet before filing.

Courts in Washington are supportive of stepparent adoptions that serve the child's best interest, and judges routinely approve them. If your child is 14 or older, their own consent is also part of the picture under RCW § 26.33.160.

Before you start. Write down what you know: when the parent last had contact, what contact there was while incarcerated, and any letters, cards, or support. Keep any records, since they help show the real history. The clerk's office can confirm local filing details for your county.

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, which you file yourself without an attorney. Court-ready documents arrive within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, and we back it with a 100% court acceptance guarantee. We've helped 1104 Washington families and more than 34,000 families nationally since 2001.