How does PCS move affect stepparent adoption in Delaware?

A PCS move doesn't stop a stepparent adoption in Delaware, and Delaware sets no minimum residency period, so there is no waiting period to start the clock after you arrive. What matters is that you meet the residency-related condition in 13 Del. C. § 903 when you file with the Family Court.

What the residency rule says: Under 13 Del. C. § 903, to adopt a minor you must be over age 21 when the petition is filed. You must also be a Delaware resident, or a person with whom the child has been placed. Whether your particular military situation counts as Delaware residency depends on your facts, so ask the Family Court clerk in your county. Delaware has three counties, and the clerk can tell you what the court wants to see.

If you are about to PCS:

• Your timeline matters. Stepparent adoptions in Delaware typically take about 4-6 months, so a move date can fall in the middle of a case.
• Talk to the clerk before you move about whether your case can continue and how a final hearing would work if you are living elsewhere. Delaware law on that point should be confirmed with the Family Court clerk or an attorney.
• If you are close to being ready, filing before you move may keep things simpler. Confirm with the clerk first.

If you are PCSing into Delaware:

• You do not have to wait out a set number of months before filing.
• Keep your orders and proof of address handy. The clerk can tell you which documents they accept.

Parts of the process that don't change with a move:

• Child's consent: A child who is 14 or older has a consent role under 13 Del. C. § 907(b). If your child is near that age, plan for it.
• Other parent's rights: Delaware treats termination of the other parent's rights as a separate step. Where abandonment is the basis, 13 Del. C. § 1103 uses a 6-month period. If the other parent is unknown, unreachable, or contests the adoption, talk to an attorney about that issue.
• Home study: Delaware does not waive the home study (13 Del. C. § 912). If you move, ask the clerk how that requirement would be handled so you don't get caught short.

Questions to ask the clerk:

• Does a service member stationed in Delaware meet the residency condition in your situation?
• Can the case continue if you are reassigned after filing?
• Can you appear remotely for the final hearing, or must you be in court?
• What is the filing fee in your county?

We can't give you answers to these, and they may differ with your facts, so a short call to the clerk is worth it.

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 Delaware county. You file it yourself without an attorney. Court-ready documents are delivered within 24-48 hours after you finish the questions. The price is $349 for the first child and $99 for each additional child, with a 100% court acceptance guarantee. We have helped 89 Delaware families, and 34,000+ families nationally since 2001.