Can I adopt my stepchild if they live with the other biological parent part-time in Delaware?

Yes, you can ask the Delaware Family Court to approve a stepparent adoption even if your stepchild lives part-time with the other biological parent. What the court will need regarding that parent's rights depends on the facts of your situation. A part-time arrangement means the other parent is still involved, so this is a more complex path than one where a parent is absent.

What Delaware's rules tell us:

• Abandonment: Delaware's abandonment ground, 13 Del. C. § 1103, is tied to a 6-month period. Whether a part-time living arrangement fits that ground depends on the specific facts, so ask an attorney or the Family Court clerk about your situation.
• Termination is separate: In Delaware, ending a biological parent's rights is handled as a separate step from the adoption itself. If the other parent will not agree to the adoption, you should talk with an attorney about that step.
• Child's consent: Delaware sets the child consent age at 14 (13 Del. C. § 907(b)). If your stepchild is 14 or older, their wishes matter formally to the process.
• Your qualifications: 13 Del. C. § 903 sets requirements for the adopting parent, including being over 21 when the petition is filed and being a Delaware resident. Delaware sets no minimum number of months you must have lived in the state.
• Home study: Delaware does not waive the home study for stepparent adoptions (13 Del. C. § 912). Plan for it in your timeline.
• Timeline: Stepparent adoptions in Delaware typically take 4-6 months.

Practical ways to approach it:

• Talk with the other parent. If they understand the adoption and your stepchild's wishes, they may be willing to agree. A cooperative approach is usually the smoothest route, and it keeps the focus on the child.
• Be clear about the current arrangement. Write down the custody or visitation schedule, how long it has been in place, and how involved each parent is. This helps you, the clerk, or an attorney see where you stand.
• Get legal advice if there is disagreement. If the other parent objects, the case depends on specific facts and legal standards. An attorney can advise you on that issue. The Family Court clerk in your county can confirm filing procedures and fees, but cannot give legal advice.

Where to file: Delaware has 3 counties, and your petition goes to the Family Court. The clerk in your county can confirm local filing steps and the current filing fee. Families in Wilmington, Dover, Newark, Middletown, Smyrna and elsewhere in the state use the same Family Court system.