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

Yes. If you and your spouse divorced and then remarried each other, your spouse can ask a Kansas District Court to approve a stepparent adoption of your child. You file the case in the District Court in your county.

What your divorce and remarriage mean for the case: Kansas's stepparent adoption process is built around your current marriage to the child's parent. If you want to know whether the earlier divorce, or the time between marriages, affects anything in your situation, ask the District Court clerk in your county or an attorney. That question depends on your own facts.

Kansas basics that apply to you:

• Residency: Kansas has no minimum residency period for filing (K.S.A. § 59-2126(c)).
• Your child's consent: A child who is 14 or older must give consent (K.S.A. § 59-2129).
• Your spouse's consent: You will sign a consent to the adoption as the child's parent. Kansas allows this consent to be signed any time after the child's birth.
• Home study: It is waived in stepparent adoptions (K.S.A. § 59-2132).
• Paperwork: Expect a Petition for Adoption, a background information form, and your spouse's consent to adoption.

The child's other parent: This is usually the biggest question in any stepparent adoption, whatever your marriage history. Kansas sets an abandonment period of 24 months (K.S.A. § 59-2136). Whether it applies depends on the facts, so if the other parent will not consent, cannot be found, or you are unsure where things stand, talk with an attorney or the District Court clerk about your specific case. If the other parent's location is unknown, Kansas allows service by publication. Otherwise, personal service is done by a sheriff or process server.

Timeline and cost:

• Stepparent adoptions in Kansas typically take 3-6 months.
• Court filing fees typically run $150-$300.
• Doing the paperwork yourself typically costs under $1,000 in total. Attorney-handled adoptions often run $3,000-$5,000+.

Next steps:

• Gather your marriage information, including the date of your current marriage, and your child's birth information.
• Decide how you will approach the other parent's consent, or whether you need legal advice on that point.
• Ask the clerk in your county about local filing details, such as exact fees and any local forms.

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 then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child.