What counts as abandonment for adoption purposes in Vermont?

In Vermont, the abandonment period tied to stepparent adoption is six months, and it is addressed in 15A V.S.A. § 3-504. If the other parent has been absent from your child's life for that long, abandonment may be a question your Probate Court looks at.

What the six months means for you

Six months is the number to keep in mind when you think about a parent who has been out of the picture. Whether a particular situation actually meets the legal definition depends on the facts. That includes what kind of contact or support happened during that time, and what a judge decides about it. The Probate Court clerk in your county, or an attorney, can tell you how the court approaches those details.

Questions to think through before you file

• When did the other parent last see or speak with your child?
• Has there been any contact since then, even small or irregular contact?
• Is there any record of messages, visits, or missed visits that shows the timeline?
• Do you know where the other parent is, or is their whereabouts unknown?

Write down your answers and gather any records you have. You do not need to resolve every question yourself. Contested cases and cases where the other parent can't be found depend heavily on the specifics, so ask the clerk or an attorney about those situations.

How it fits into the adoption process

Vermont does not treat termination as a separate step, so you do not file a stand-alone termination case. Adoptions of a stepchild are handled in the Probate Court, and Vermont has 14 counties, each with its own court office. Your petition goes to the court in your county.

Some related Vermont facts to keep in mind:

• Residency: the residency requirement is 6 months under 15A V.S.A. § 3-101(a)(1)-(2). It is a separate requirement from the abandonment period, so don't confuse the two.
• Your child's consent: a child who is 14 or older has a consent role under 15A V.S.A. § 2-401.
• Home study: it is waived in stepparent adoptions under 15A V.S.A. § 4-110(a).
• Timeline: stepparent adoptions in Vermont commonly take 3-6 months.

What to do next

If the other parent has been absent for six months or longer, a good first step is a call to the Probate Court clerk in your county. Ask how the court wants abandonment shown in your paperwork, and whether any local forms or steps apply. If the other parent has recently reappeared, objects, or if the history is complicated, a short consultation with a Vermont family attorney is worth considering.

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, and your court-ready documents arrive within 24-48 hours after you finish the questions. We back every package with a 100% court acceptance guarantee, and we have helped 87 Vermont families, out of 34,000+ families nationally since 2001.