We divorced and remarried — can my spouse adopt my child now in Arkansas?

Yes, your spouse can petition the Arkansas Circuit Court to adopt your child. Arkansas allows a married person to adopt alone when their spouse is the child's parent and consents, so what counts is your marriage and your consent as the parent today.

Which divorce are we talking about? Families mean different things by this question, and the answer depends on which one is yours:

• You divorced the child's other parent and then married your current spouse. The other parent is a separate person, and their consent or the grounds for waiving it must be addressed (see below).
• You divorced your current spouse and later remarried each other. If your spouse is the child's parent, your spouse is the consenting parent. If the child has another living parent, that parent is still part of the picture.

How a judge treats a past divorce or an existing custody order is something the Circuit Court clerk in your county or an attorney can confirm for your situation.

What the Arkansas process involves:

• Court: The petition is filed in the Circuit Court. Arkansas has 75 counties, and the clerk in yours can tell you about local filing steps.
• Residency: Arkansas has no minimum residency period for filing (A.C.A. § 9-9-205(a)).
• Paperwork: A Petition for Adoption, consent forms or grounds for waiver, your spouse's consent to the adoption, and the filing fee. Arkansas allows consent at any time after the child's birth.
• Child's consent: The consent age is 12 (A.C.A. § 9-9-206).
• Home study: Arkansas waives it (A.C.A. § 9-9-212).
• Timeline: A stepparent adoption typically takes 3-6 months.
• Cost: Court filing fees run about $150-$300, and the total is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

The other biological parent: If your child has another living parent, that parent must consent or there must be grounds to proceed without consent.