Can I pursue stepparent adoption during ongoing custody proceedings in Delaware?

This is a complex situation that requires careful timing. Adoption and custody proceedings can interact in important ways.

General guidance for Delaware:

If your spouse is currently in a custody dispute with the biological parent:

• Filing for adoption while custody is being litigated can complicate both cases
• The Family Court may prefer to resolve custody before addressing adoption
• However, if the custody case results in the biological parent losing custody or having rights restricted, it can actually support the adoption

If the custody case is about to conclude:

• Wait for the custody order to be finalized before filing for adoption
• A custody order that limits the biological parent's involvement can support an abandonment finding

If there's a final custody order giving your spouse sole custody:

• This is actually a good position for adoption
• The biological parent's limited involvement supports abandonment under 13 Del. C. § 1103
• You can file for adoption immediately

Our recommendation:

• If there are active custody proceedings, consult with a Delaware family law attorney about timing
• Use our document preparation service ($349) when you are ready to file
• Call (855) 924-0450 to discuss your specific timeline

We can prepare your documents when the timing is right. The adoption process in Delaware takes 4-6 months once filed.