Can I adopt my stepchild if there is an existing custody order in Delaware?

You can pursue a stepparent adoption in Delaware even if there is an existing custody order, by filing a petition in the Family Court, but how that order is handled in your case is something to confirm with the Family Court clerk or an attorney. Delaware's adoption rules are in Delaware Code Title 13, Chapter 9, and the points below are the ones that apply to you.

What the custody order means for your case: The information available to us doesn't say how Delaware treats an existing custody or visitation order during or after an adoption. That includes whether it stays in force until the decree and what happens to child support. Ask the Family Court clerk in your county or an attorney about those points. Keep a copy of your custody order handy, because the court will want to know what orders already exist for your child.

Who can file: To adopt a minor, you must be over 21 when the petition is filed. You must also be a Delaware resident, or someone with whom the child has been placed under § 904 (13 Del. C. § 903). Delaware sets no minimum number of months you must have lived in the state.

The other parent's rights: In Delaware, ending the other parent's rights is a separate step from the adoption itself. If the other parent is involved, or the custody order gives them time with your child, whether they agree or the case is contested will shape what happens. That is a fact-specific question for an attorney or the court clerk. Delaware law refers to a six-month period in connection with abandonment (13 Del. C. § 1103). Whether it applies to your family depends on your facts, so don't assume it does.

Your child's consent: A child who is 14 has a consent role under 13 Del. C. § 907(b). Your child's age is a good thing to check early.

Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912), so plan for one.

Timeline and fees: Stepparent adoptions in Delaware typically take 4-6 months. Court filing fees vary, so the clerk in your county can give you the current amount.

Common questions to ask the clerk or an attorney:

• How the Family Court wants an existing custody order presented with your petition
• What happens to visitation or support provisions once the adoption is final
• Whether your situation involves a contested or unknown parent

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