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

Yes, if you are legally married to your child's parent now, you can pursue a stepparent adoption in Kentucky, and the petition is filed in Circuit Court in your county. The process centers on your current marriage and on the other biological parent's consent or abandonment. If your divorce involved court orders about the child, such as custody or parental rights, ask the Circuit Court clerk or an attorney how those orders fit into your case.

Residency: Kentucky has no waiting period for Kentucky residents. Non-residents need 12 months in the state (KRS § 199.470). Remarrying does not restart any clock that we know of, and the clerk can confirm anything specific to your situation.

The other biological parent: This is usually the heart of the case. Your paperwork will include one of two things:

• Consent forms signed by the other parent, or
• A motion to dispense with consent, if that parent has abandoned the child.

Kentucky has a short abandonment period: 90 days (3 months) of no contact can establish grounds to proceed (KRS § 199.502). If the other parent disagrees, or you are unsure whether the facts qualify, that is a question for an attorney or the clerk.

Your spouse's role: Your spouse, the child's parent, signs a consent to the adoption.

The child's consent: Kentucky sets the child consent age at 12 (KRS § 199.500). If your child is 12 or older, plan for that step.

Home study: It is waived in Kentucky for stepparent adoptions (KRS § 199.473), so you are not looking at a home visit as a separate hurdle.

Background checks: Kentucky requires criminal background checks through the Kentucky State Police for adoption petitioners.

Notifying the other parent: Kentucky allows personal service by a sheriff or process server. If you do not know where the other parent is, it allows service by publication after a diligent search. What counts as a diligent search is worth confirming with the clerk or an attorney.

Timeline and cost: A stepparent adoption in Kentucky typically takes 3-6 months. Court filing fees generally run $150-$300, and the typical total cost is under $1,000, compared with $3,000-$5,000+ for an attorney.

Next steps:

• Confirm your marriage is current and legal, and gather your marriage certificate.
• Find out where the other biological parent is and whether they will consent.
• Contact the Circuit Court clerk in your county with questions about local filing details.

A past divorce is part of many families' stories. The court's focus is on your family as it stands now, and the Circuit Court clerk can tell you how your own history fits the process.

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. The price is $349 for the first child and $99 for each additional child.