Can I adopt my stepchild if there was domestic violence by the biological parent in Delaware?

You may be able to petition the Family Court to adopt your stepchild even with a history of domestic violence by the biological parent. Delaware law on how that history affects your particular case should be confirmed with the Family Court clerk or an attorney, because the outcome depends on your facts.

What Delaware's process looks like:

• Court: Your petition is filed in the Family Court. Delaware has 3 counties, so you file in the one that applies to your family.
• Your eligibility: You must be over age 21 when the petition is filed, and either a Delaware resident or a person with whom the child has been placed under 13 Del. C. § 904. There is no minimum residency period (13 Del. C. § 903).
• Child's consent: A child age 14 or older has a consent role under 13 Del. C. § 907(b).
• Home study: A home study is not waived in Delaware (13 Del. C. § 912), so plan for it.
• Termination: Terminating the other parent's rights is a separate step from the adoption itself.
• Abandonment: The abandonment provision, 13 Del. C. § 1103, uses a period of 6 months. Whether the other parent's absence or conduct meets that standard is a question for the court.
• Timeline: A stepparent adoption in Delaware typically takes 4-6 months.

Where domestic violence may come into play: Protective orders, police reports, and prior court records may be relevant to your case. Whether and how the Family Court weighs them, and whether they affect the other parent's consent or the termination step, depends on your circumstances. A Delaware family law attorney can advise you on that point. If the other parent contests the adoption, or you are unsure where they are, talk with an attorney about those issues before you file.

Your safety: You do not have to figure out safety alone. Before filing, ask the Family Court clerk in your county how notice to the other parent is handled and whether any protections exist for your address or contact details in court records. If you have a protective order, keep a copy handy and mention it when you speak with the clerk or an attorney. Local domestic violence advocates and the National Domestic Violence Hotline can help you plan for your safety during the process, including around the time the other parent is notified.

Costs: Court filing fees are set by the Family Court, so the clerk in your county can confirm the current amount.

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 cost is $349 for the first child, plus $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 89 Delaware families, and more than 34,000 families nationwide since 2001.