One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Rhode Island?

Yes, you can ask the Rhode Island Family Court to adopt both stepchildren even though only one father consents, but the child whose father does not consent needs more work, and how it plays out depends on that father's specific facts.

The father who consents. His written consent is part of the paperwork for his child. Rhode Island sets no minimum residency period for the petition (R.I. Gen. Laws § 15-7-4), and the court investigation known as a home study is waived under R.I. Gen. Laws § 15-7-11. That keeps this child's side of the case fairly straightforward.

The father who does not consent. A father's refusal does not automatically end the case, but it does mean his parental rights have to be addressed. Rhode Island's abandonment provision, R.I. Gen. Laws § 15-7-7, uses a six-month period. Whether his situation fits that provision depends on the facts, such as his contact and support over that time. Two situations are different:

• He is absent and has not been in contact. The abandonment provision may be relevant, and the court will look at what actually happened.
• He is involved but simply says no. This is a contested situation, and you should speak with a Rhode Island family law attorney about it.

Your stepchildren's own consent. Under R.I. Gen. Laws § 15-7-5(a), a child who is 14 or older must consent to their own adoption. If either child has reached that age, their consent is part of the picture.

Doing both together. Whether to file both children's adoptions at once, or to let the simpler one go first, is a procedural question. The Family Court clerk in your county can tell you how they handle it and what the filing fee is. Stepparent adoptions in Rhode Island commonly run 3-6 months. A case where one father does not consent may take longer, and the court controls that schedule. If the contested side gets complicated, one child's adoption could end up on a different track from the other's.

Questions to ask the clerk or an attorney:

• Can both petitions be filed together in your county?
• What proof of the absent father's situation does the court expect?
• How will the father who does not consent be notified?

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 file it yourself without an attorney, and the documents are ready 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 the work with a 100% court acceptance guarantee. We have helped 26 Rhode Island families, and more than 34,000 families nationally since 2001. If your case becomes contested, we can still prepare your paperwork, but an attorney should advise you on that part.