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

Yes, a stepparent adoption in Texas can move forward once you and your spouse have remarried. The Texas requirements below focus on the other parent's rights, the child's consent and the court filing. Whether your earlier divorce matters in your particular situation is a question for the District Court clerk in your county or an attorney.

Where it is filed: Your petition goes to the District Court. Texas has 254 counties, and the clerk in your county can tell you about local filing steps and forms.

The other biological parent: This is usually the most important question in any stepparent adoption, whether or not you divorced and remarried. Texas looks at whether the other parent consents or whether grounds exist under Tex. Fam. Code § 161.001. Those grounds include:

• Failing to support the child for at least six months
• Failing to maintain contact for one year or more

Occasional child support payments alone do not prevent an abandonment finding, because courts look at the whole relationship, including emotional support and overall involvement. Token contact does not prevent one either. If the other parent is contesting the adoption, or you don't know where they are, those facts change the picture, so talk with an attorney or the court clerk about your specific case.

Your child's consent: Under Tex. Fam. Code § 162.010, a child who is 12 or older must consent to the adoption.

Residency: Texas has no minimum residency period before you file (Tex. Fam. Code § 162.009).

Home study: It is waived for stepparent adoptions under Tex. Fam. Code § 107.153(a-1), so you don't need to schedule one.

Timeline: A stepparent adoption in Texas typically takes about 3 months.

Cost: Court filing fees typically run $200-$500. The total typically comes to under $850, compared with $3,000-$5,000+ when hiring an attorney.

What adoption gives your family:

• Full parental rights and responsibilities
• Inheritance rights for your child from you
• Medical decision-making authority
• Social Security and insurance benefits
• A name change, if you want one, as part of the adoption process

A note on your history: Many families have complicated stories. In practice, the questions to focus on are whether the other parent has consented or whether abandonment applies, whether your child's consent is needed, and whether your paperwork is complete and correct for your county.

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.