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

If you and the child live in another state, you would not file in Rhode Island Family Court just because the other parent lives in Rhode Island. For a minor child, Rhode Island requires the person adopting to be a Rhode Island resident (R.I. Gen. Laws § 15-7-4). The only nonresident route in Rhode Island's statute applies when the child is in the care of a governmental or licensed Rhode Island child placing agency, which is not the usual stepparent situation. The other parent's address is not what the residency rule looks at.

Where you would file instead: Which court hears your case, and which state's rules apply, should be confirmed with the court clerk in your own county or with an attorney in your state. Rhode Island's rules cover Rhode Island filings.

If you and the child do live in Rhode Island, this is what to expect:

• Court: You file in Family Court, in one of Rhode Island's 5 counties.
• Residency: Rhode Island sets no minimum number of months of residency for a stepparent adoption, but you do need to be a resident when you file (R.I. Gen. Laws § 15-7-4).
• Child's consent: A child who is 14 or older must consent (R.I. Gen. Laws § 15-7-5(a)).
• Home study: It is waived for stepparent adoptions (R.I. Gen. Laws § 15-7-11).
• Abandonment: Rhode Island's abandonment period is 6 months (R.I. Gen. Laws § 15-7-7). Whether it applies to your family depends on the facts.
• Timeline: A stepparent adoption in Rhode Island usually runs 3-6 months.

When the biological parent lives in Rhode Island and you do not: A few practical questions come up, and the answers depend on your situation:

• How the Rhode Island parent is formally notified.
• How their consent is signed and handled.
• What happens if they will not consent, or if you do not know where they are.

I can't give you a one-size-fits-all answer to these. The clerk of the court that will hear your case can explain its procedures. If the parent disputes the adoption or cannot be found, talk to an attorney about that specific issue before you file.

Fees and details to confirm: The filing fee depends on the court, so the Family Court clerk in your county can give you the current amount if you are filing in Rhode Island.

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, or for one adult adoptee, and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 26 Rhode Island families, and more than 34,000 families nationally since 2001.