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

3 min readHelping families since 2001Nevada
In this answer · 1 sections

Yes. If you are legally married to your child's other parent today, your spouse can ask a Nevada District Court for a stepparent adoption of your child, and the court looks at your family as it stands now. Your earlier divorce and remarriage are part of your history, but the steps below are the same ones any Nevada stepparent adoption follows. If your past includes anything unusual, such as old custody orders, confirm how it applies with the District Court clerk or an attorney.

What Nevada requires and allows:

  • Residency: Nevada sets no minimum residency period under NRS 127D.120(1). You do not have to wait a set number of months before filing.
  • Child's consent: A child who is 14 or older must consent under NRS 127D.110(1)(c). For a younger child, this consent step does not apply.
  • Home study: Nevada waives the home study for stepparent adoptions under NRS chapter 127D.
  • Where to file: The District Court in your county. Nevada has 17 counties, including those covering Las Vegas, Henderson, Reno, North Las Vegas and Sparks.
  • Timeline: Stepparent adoptions in Nevada typically take about 3-6 months.

The other biological parent: This is usually the most important question in any stepparent adoption, because it depends on that parent's situation. Under NRS § 128.012, abandonment is tied to a period of 6 months. In Nevada, ending the other parent's rights is handled as a separate step from the adoption itself. Whether your situation fits abandonment, whether the other parent will consent, or whether the other parent can be found are questions that turn on your facts. Talk with the District Court clerk in your county or an attorney about that specific issue, especially if the other parent might object.

What the divorce does not change in practical terms: You are still the child's parent, and the adoption would add your spouse as a second legal parent. If you share custody or have court orders from the earlier divorce, bring copies when you prepare your paperwork so the other parent's status is clear.

Costs: Court filing fees vary by county, so the District Court clerk can give you the current amount. Ask about any fee for the final decree at the same time.

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. Your court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 518 Nevada families, and more than 34,000 families nationwide since 2001.

Stepparent adoption in Nevada at a glance

Court
District Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Child must consent at age
14
Home study
Usually waived for stepparents
Nevada families we've helped
518

Full Nevada guide →

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01Understand your situation

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02Check the state rules

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03Prepare with confidence

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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