What if the biological parent lives in Michigan but I live in another state?

Yes, a Michigan stepparent adoption can still move forward when the biological parent lives in Michigan and you live in another state, as long as you, your spouse, or the child is a Michigan resident. What matters most is where the three of you live, not where the other parent lives.

Where the case is filed. Michigan stepparent adoptions are filed in the Family Division of Circuit Court (Family Court) in one of Michigan's 83 counties. Michigan sets no minimum residency period under MCL § 710.24(1), so the question is whether a Michigan connection exists, not how long it has lasted.

• If your spouse or the child lives in Michigan, Michigan may be the right place to file, even though you live elsewhere.
• If none of you lives in Michigan, the Family Court clerk in the Michigan county involved, or an attorney, can confirm which state's court should hear your case. Do not assume either way.
• Which county is the proper one for your situation is also something the clerk can confirm.

The Michigan parent's role. Because that parent lives in Michigan, the court will need to address their rights in the adoption. Where the case goes from there depends on the facts:

• If the parent agrees, the paperwork is more straightforward.
• If the parent has not been involved, Michigan's abandonment period is 24 months under MCL § 710.51. Child support payments alone do not prevent an abandonment finding. The court looks at the whole relationship, including emotional support, contact, and genuine interest in the child's welfare.
• If the parent objects or cannot be found, the outcome turns on your specific facts. Speak with an attorney or the court clerk about that issue.

Other Michigan requirements that still apply:

• Child's consent: A child who is 14 or older has a consent role under MCL § 710.43.
• Home study: MCL § 710.46 governs the home study. Ask the clerk how it works for your case when you live out of state, including whether it will be required and who may perform it.
• Timeline: Michigan stepparent adoptions typically take 3-6 months.
• Court costs: Filing fees typically run $200-$500, and the total typically comes to under $1,000. An attorney typically costs $3,000-$5,000 or more.
• Representing yourself: Michigan allows you to file