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Yes. A stepparent who is married to a child's parent can ask the Nebraska County Court to adopt the child. If you divorced and later remarried, the same basic steps apply. Whether the earlier divorce changes anything in your particular situation depends on your facts, so confirm that point with the County Court clerk in your county or with an attorney.
What Nebraska's stepparent process involves:
- Court: The case is filed in County Court. Nebraska has 93 counties, and your documents need to match the county where you file.
- Residency: Nebraska sets no minimum residency period for this adoption (Neb. Rev. Stat. § 43-102).
- Paperwork: A petition for adoption, consent forms or a motion to terminate parental rights, and your spouse's consent to the adoption.
- Child's consent: A child who is over 14 must consent (Neb. Rev. Stat. § 43-104).
- Home study: It is waived in stepparent adoptions (Neb. Rev. Stat. § 43-107).
The other biological parent: This is usually the biggest question in any stepparent adoption. That parent either consents in writing or the court addresses their rights. Nebraska's abandonment period is 6 months (Neb. Rev. Stat. § 43-104(4)(b)). Termination is not a separate case. It is handled within the adoption through the consent forms or motion to terminate parental rights. If the other parent contests, or you don't know where they are, the details depend on your facts, so talk with the clerk or an attorney. Nebraska allows personal service by a sheriff or process server, or service by publication if a parent's location is unknown. Nebraska also has a putative father registry, which may matter if a child's father was never legally established.
Timeline and cost: A stepparent adoption in Nebraska typically takes 3-6 months. Court filing fees run about $100-$250, and the total typically comes to under $1,000.
Stepparent adoption in Nebraska at a glance
- Court
- County Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $100-$250
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Nebraska families we've helped
- 441
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