What happens if the adoption is contested in Delaware?

If the adoption is contested in Delaware, the Family Court decides it, and the outcome depends on the specific facts of your family, so a contested case is the point where talking with a Delaware family law attorney makes sense.

What "contested" means: A contested adoption is one where a legal parent actively objects to the adoption instead of agreeing to it. Delaware law on exactly how the Family Court handles each kind of objection should be confirmed with the Family Court clerk in your county or with an attorney who knows your situation.

Delaware points that often come up in a contested case:

• Abandonment: Delaware's abandonment period is 6 months under 13 Del. C. § 1103. Whether a parent's history meets that standard depends on the facts, and that is a question for the court and for an attorney.
• Termination is a separate step: In Delaware, termination of a biological parent's rights is handled separately from the adoption itself. If a parent objects, ask an attorney how that step applies to your case.
• Child's consent: If the child is 14 or older, the child's consent is part of the process under 13 Del. C. § 907(b). A teen's own wishes matter in any adoption, contested or not.
• Home study: Delaware does not waive the home study (13 Del. C. § 912). Plan for it whether or not the adoption is contested.

Timeline: Stepparent adoptions in Delaware generally take about 4-6 months. A contested case may take a different amount of time, depending on what the objecting parent does and on the court's schedule. The Family Court clerk in your county can tell you how scheduling works.

What you can do now:

• Gather the facts about the other parent's contact and involvement with your child, such as dates, communication, and support, so you can share them accurately with an attorney.
• Ask the Family Court clerk about forms, filing steps, and scheduling. The clerk can explain procedure but cannot give legal advice.
• Consult a Delaware family law attorney about the objection itself. Some attorneys may offer help limited to a specific part of the case, such as a hearing, so ask what is available.
• Keep your paperwork accurate and complete, so the court is not also dealing with avoidable errors.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. We do not give legal advice or represent you in court. 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. Your court-ready documents arrive 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 nationally since 2001. If your case is contested, our documents can cover the paperwork while an attorney advises you on the objection.