How does PCS move affect stepparent adoption in Tennessee?

A PCS move does not stop a stepparent adoption in Tennessee, and Tennessee sets no minimum number of months you must live in the state before filing. The residency statute is Tenn. Code Ann. § 36-1-115. A recent arrival is not told to wait out a set residency period.

Residency and your orders: Tennessee's statute looks at where the petitioners live and keep their regular place of abode when the petition is filed, and it includes a military exception. How a clerk applies that to your PCS orders can vary by situation, so ask the Chancery or Circuit Court clerk in your new county before you file.

Where to file: Stepparent adoptions are filed in Chancery or Circuit Court. Venue includes the county where the petitioners reside (Tenn. Code Ann. § 36-1-114). If you just arrived in a city like Nashville, Memphis, Knoxville, Chattanooga or Clarksville, you would generally look to the court in the county where you now live. The clerk can confirm the local filing steps.

Planning around a move:

• Tennessee stepparent adoptions typically take 3-6 months, so compare that window with your expected orders.
• The home study is waived (Tenn. Code Ann. § 36-1-116), so you won't need to schedule a home visit around a move.
• Court filing fees run $150-$350, and the total typical cost is under $1,000.

If you PCS away after filing: Whether the case can stay in the Tennessee court, and whether a hearing can be attended remotely, is something to confirm with the clerk or an attorney before you go. Tell them your timeline early so they can advise on your specific case.

Consents still apply:

• Your spouse: Tennessee requires the spouse's consent to the adoption.
• Your child: At age 14, the child's consent comes into play (Tenn. Code Ann. § 36-1-117).
• The other parent: Their consent or the abandonment question matters too. Tennessee's abandonment period is 4 months (Tenn. Code Ann. § 36-1-113). Whether it applies depends on your family's facts, so a contested case or an unknown parent is a good reason to talk with an attorney.
• Locating the other parent: Tennessee allows service by publication if you can't find the other parent after a diligent search. Moving frequently can make staying in touch harder, so keep records of your contact attempts.

After the adoption: Once the adoption is final, you can request an updated birth certificate through the Tennessee Office of Vital Records. Keep your mailing address current with the court and that office if you relocate.