Nakada & Silva
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Step-parent Adoption


Adopting a child

Step-parent Adoption is one in which a step-parent is the petitioner and one birth parent retains his or her custody and control of the child.



Usually, the other birth parent must consent to the adoption. In the event a birth parent opposes the adoption and will not contest, the court may terminate his or her parental rights, if they find that the parent has abandoned the child. An abandonment requires a period of no contact with the child, and failure to provide financial support for the child.

The petition must be filed in the county that the child lives in. Before a step-parent adoption petition is decided by the court, the petitioner and his ir her spouse must complete a step-parent adoption questionnaire and financial resources form, submit reference letters, and provide a variety of other documents to an agency who will complete a home study for the court‘s review.

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