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

Yes, you can ask the Family Division of Circuit Court in Michigan to approve your spouse's adoption of your child. Your earlier divorce and remarriage is part of your family's history, so mention it to the court clerk in your county. The clerk can confirm whether it changes anything about your paperwork. Below is how a Michigan stepparent adoption works under Michigan Compiled Laws Chapter 710.

Where you file: Stepparent adoptions are handled by the Family Division of Circuit Court (Family Court) in your county. Michigan has 83 counties, and each court's local filing details can differ slightly.

Residency: Michigan sets no minimum residency period under MCL § 710.24(1). You do not have to live in the state for a set number of months first. A Michigan court can grant the adoption as long as you, your spouse, or the child is a Michigan resident.

Your child's consent: If your child is 14 or older, their consent comes into play under MCL § 710.43. Younger children have no consent requirement.

The other biological parent: This is usually the most important question in any stepparent adoption, whatever your marital history. Michigan's abandonment period is 24 months under MCL § 710.51. A parent who has not been involved for years may still pay child support, but support payments alone do not prevent an abandonment finding. The court looks at the whole relationship, including emotional support, contact, and genuine interest in the child's welfare. Whether your situation meets that standard depends on your facts. If the other parent might object, or you don't know where they are, talk with an attorney or the court clerk about that specific issue.

Home study and background check: A home study is part of the Michigan process under MCL § 710.46, and the adopting stepparent should expect a criminal background check. Ask the clerk whether any part of the home study applies differently in your case.

Timeline and cost:

• Stepparent adoptions in Michigan typically take 3-6 months.
• Court filing fees range from $200 to $500.
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