Can I adopt my stepchild if I work out of state but live in Delaware?
DelawareYes. Working out of state does not affect your eligibility for stepparent adoption in Delaware. What matters is where you live — your primary residence — not where you work.
Residency requirement:
- Delaware requires 6 months of residency (13 Del. C. § 903)
- Residency is based on your home address — where you sleep, where your family lives
- Commuting across state lines for work does not change your residency
- Even extensive travel for work does not affect residency if your home is in Delaware
What the court looks at:
- Where is your primary home?
- Where does the child live?
- Where do you file taxes as a resident?
- Where is your driver's license issued?
Remote workers and frequent travelers:
- If you work remotely from your Delaware home, residency is clear
- If you travel for work but maintain your home in Delaware, residency is clear
- If you live in another state and commute TO Delaware for work, you are NOT a Delaware resident
The adoption is filed where the child lives. If you and the child live in Delaware, file in Delaware Family Court.
Cost: $349 | Timeline: 4-6 months
Start at stepparentadoption360.com/questionnaire or call (855) 924-0450.
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