An adoption may be for an adult or a minor. A person wishing to adopt a step child may file for a step child adoption. The following information applies to a step child adoption.

Filing the petition
Service of petition and citations to appear
Hearing on petition


Filing the petition

The Superior Court has jurisdiction over all adoptions. The county where the person filing the petition lives is the proper county for filing the Petition. We call this the proper venue. The person filing the petition is called the "Petitioner". If a child is living with one of its natural parents, and not the other, the parent with whom the child is living is called the "custodial parent" and other parent is the "noncustodial parent". A step child adoption requires the consent of the noncustodial parent, or the petitioner must prove to the court that the noncustodial parent failed to support the child, and chose not to communicate with the child. When filing an adoption petition the court will issue a citation to appear which must be served on the absent parent, together with a conformed copy of the petition.


Service of petition and citation to appear

The papers must be served by a Sheriff, Marshal, registered process server, or by a person over the age of eighteen who is not a participant in the adoption proceedings. The person serving the Citation and Petition serves a copy on the noncustodial parent. The person serving the papers must complete a proof of service showing who, when, where and what was served. The proof of service must be signed under penalty of perjury. This proof of service is then filed with the court together with the original Citation to Appear.

There are a number of approved methods of serving the Citation and Petition. These include:


Hearing on petition

Adoption hearings are closed to the public to protect the privacy of the parties. Be on time for your case. Bring to the hearing copies of all the papers filed in the case. The minor must be present in court if required on the citation to appear. In determining whether to grant a contested petition, the court will consider what is in the best interests of the child.

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