What happens if the adoption is contested in Rhode Island?

If a parent contests your stepparent adoption in Rhode Island, the Family Court has to resolve the disagreement, and the outcome depends on the specific facts of your family.

What "contested" means: A contest is different from a parent simply not signing a consent. It means a parent actively objects to the adoption. How the Family Court handles an objection, including what evidence it weighs and how a hearing is run, depends on your circumstances. The Family Court clerk in your county or a Rhode Island family law attorney can tell you how it would work in your case.

Rhode Island points that often come up:

• Abandonment: Rhode Island's abandonment provision, R.I. Gen. Laws § 15-7-7, uses a period of 6 months. Whether it applies to your situation is a question of facts, so an attorney is the right person to ask.
• Your child's voice: Under R.I. Gen. Laws § 15-7-5(a), a child who is 14 or older must consent to the adoption. This applies whether or not anyone is contesting.
• Home study: Rhode Island waives the home study for stepparent adoptions under R.I. Gen. Laws § 15-7-11.
• Residency: Rhode Island has no minimum residency period for stepparent adoption petitioners.

How long it takes: An uncontested stepparent adoption in Rhode Island typically takes 3-6 months. A contested case can't be timed in advance, because it depends on the court's schedule and the facts. The clerk can tell you about scheduling in your county.

Should you get an attorney? If a parent has formally objected, it makes sense to talk with a Rhode Island family law attorney about your particular situation. Some attorneys offer limited help, such as representing you only at a hearing, but you would need to ask them directly. A document service can prepare your paperwork, but it can't represent you in court or advise you on strategy.

What you can do now:

• Keep copies of everything you have been served with or have filed.
• Write down dates, such as when the other parent last had contact or support with your child, since those details may matter to an attorney.
• Contact the Family Court clerk in your county with procedural questions, such as which forms a