13 Del. C. § 8-904 — Delaware Code / Title 13 / Chapter 8 / Subchapter IX / Section 8-904
§ Â
        8-904. Transitional provision.
Status: in_force

A proceeding to adjudicate parentage which was commenced before January 1, 2004, is governed by the law in effect at the time the proceeding was commenced.
13 Del. C. § 1938 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1938
§ Â
        1938. Service of petition and order.
Status: in_force

Except as otherwise provided in § 1940 of this title, the petition and order must be served, by any method authorized by law upon respondent and any person who has physical custody of the child.
13 Del. C. § 113 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 113
§ Â
        113. Supplies of marriage licenses, books and other forms; form.
Status: repealed

(a) Marriage licenses, and other forms and books used in connection with the issuance of marriage licenses shall be furnished by the Department of Health and Social Services on request of the clerks of the peace.

(b) Judges shall supply certificates in whatever form they see fit to such divorced persons as they believe should receive them under this chapter.

(c) Superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under this chapter.

(d) [Repealed.]

(e) Marriage licenses, books and forms shall be as prescribed by the Department of Health and Social Services or in this chapter. Each page of the Marriage Record Books for the use of clerks of the peace shall be numbered serially before delivery to the clerks of the peace.
13 Del. C. § 1701 — Delaware Code / Title 13 / Chapter 17 / Section 1701
§ Â
        1701. Adult.
Status: in_force

Any person of the age of 21 years, being a citizen of this or any other state of the United States, and who has lived for 2 successive years in this State, and, for the purpose of determining domicile in any county of the State, has lived for 1 year in such county, and who has, during that time, maintained oneself and one’s family, shall be held to have acquired a legal domicile therein.
13 Del. C. § 730 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 730
§ Â
        730. Petition to modify custody.
Status: in_force

A party seeking to modify a custody order shall file a verified petition setting forth facts supporting the requested modification.
13 Del. C. § 915 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 915
§ Â
        915. Decree of adoption.
Status: in_force

(a) Within 60 days from the date of the receipt by the Court of the report, the Court shall render a decision upon the petition. If the Court is of the opinion that the petitioner or petitioners are qualified properly to maintain, care for and educate the child, that the child is suitable for adoption and that the best interest of the child will be promoted by the adoption, a decree of adoption shall be entered. If the Court is of the opinion that such a decree should not be entered, it shall notify the petitioner or petitioners and, if requested by any petitioner, it shall order a hearing to which all interested parties shall be duly summoned, and, based upon the report and evidence adduced at the hearing, the Court shall issue its decree granting or refusing the prayer of the petitioner.

(b) At any time after the report has been filed but prior to the Court’s rendering a decision, the Court may order the removal of the child from the proposed adoptive home if, in the opinion of the Court, such removal is in the best interest of the child. If such a removal is ordered, the Court shall include in the order a grant of authority to the Department or to a licensed agency, to make the removal and to provide for the future disposition of the child.

(c) The decree of adoption shall state:

(1) The name by which the child is henceforth to be known;

(2) The sex and age of the child;

(3) The name of the child at the time the petition was filed.

(d) Upon the entry of a decree of adoption the Clerk of Court shall issue to the adopting parent or parents a certificate of adoption stating the date of the decree, the age and sex of the child, the name by which the child is henceforth to be known, and the names of the adopting parent or parents. Neither the original name of the child nor the names of the birth parents shall be included in the certificate of adoption.
13 Del. C. § 8-310 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-310
§ Â
        8-310. Ratification barred.
Status: in_force

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.
13 Del. C. § 313 — Delaware Code / Title 13 / Chapter 3 / Subchapter I / Section 313
§ Â
        313. Married woman as executrix or administratrix; participation and liability of husband.
Status: in_force

Any executrix or administratrix, being a married woman, may act in such representative capacity as though she was a femme sole, and the fact of marriage shall not give her husband any right to participate in any manner in the management, direction and settlement of the estate of the deceased, nor shall he be liable for any act or default of hers as such executrix or administratrix, unless he is a party to her bond as such.
13 Del. C. § 1520 — Delaware Code / Title 13 / Chapter 15 / Section 1520
§ Â
        1520. Independence of provisions of decree or temporary order.
Status: in_force

If a party fails to comply with a provision of a decree or temporary order, the obligation of the other party to make alimony payments is not suspended; but such other party may move the Court to grant an appropriate order.
13 Del. C. § 2301 — Delaware Code / Title 13 / Chapter 23 / Subchapter I / Section 2301
§ Â
        2301. Intent and purpose.
Status: in_force

The General Assembly hereby declares that although the Family Court has jurisdiction to grant guardianship, there does not presently exist any statutory framework for our families, our children and our Family Court judiciary as to the proper procedures and requirements for guardianship in the Family Court.
13 Del. C. § 924 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 924
§ Â
        924. Confidential nature of Court records.
Status: in_force

Except as provided in subchapter III of this chapter, all court records of any adoption shall be treated as strictly confidential and shall be kept by the Clerk of the Court in a sealed container which shall be opened only upon the order of the Judge of Family Court concerned. Nothing in this section shall be construed in such a way as to restrict the Department or licensed agency from releasing nonidentifying information in its records to any of the parties to the adoption. Except as otherwise provided in § 929 and subchapter III of this title, identifying information, such as names and addresses, shall not be released except by order of the Court or with the consent of all the parties involved when it is deemed by the agency to be in the adoptee’s best interest, except in cases where the adopted individual’s health or the health of any blood relative of the adopted individual is concerned and the adoption agency has refused to release the health information to the individual, the Court may, through petition by the adopted individual, permit the party to inspect only that part of the adoption agency or Court record containing medical information for health reasons. The Court shall order open to inspection by the individual the part of the record containing the needed medical information if the Court finds that any medical information in the Court or adoption agency record of the individual’s adoption is needed for the health of the individual or of any blood relative of the individual. This section shall apply to information as to the identification and location of any biological sibling of the individual if the individual’s health or the health of any blood relative of the individual depends on the sibling’s participation in any medical treatment. If Family Court receives a report stating that a birth parent, another offspring of the birth parent or the adoptee has a genetically transmitted disorder or a family pattern of a disease, Family Court shall instruct the agency that was involved with the adoption or the termination of parental rights to conduct a diligent search for the adult adoptee, adoptive parents of a minor adoptee or birth parent or parents to inform them of the report.
13 Del. C. § 8-606 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-606
§ Â
        8-606. Statute of limitations.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section and §§ 8-607 and 8-609 of this title, a proceeding under this subchapter may be commenced at any time until the child reaches the age of majority, except as provided in §§ 501(d) and 503 of this title.

(b) A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, adjudicated or adoptive father may be commenced at any time, even after:

(1) The child becomes an adult but only if the child initiates the proceeding; or

(2) An earlier proceeding to adjudicate paternity has been dismissed based upon the application of a statute of limitation then in effect.

(c) In a proceeding under subsection (b) of this section, the court may deny a motion for genetic testing based on principles of estoppel as established in § 8-608 of this title.

(d) This section shall not extend the time within which a right of inheritance or a right to succession may be asserted beyond the time provided by law relating to distribution and closing of decedents’ estates, nor to the determination of heirship, or otherwise.

(e) Notwithstanding the 2-year period of limitation recited in this chapter or other affirmative defense, an action for parentage may proceed despite a prior adjudication, acknowledgement or presumption of parentage when shown by clear and convincing evidence to be in the best interest of the particular child, and where the prior adjudication, acknowledgement or presumption of parentage was based on fraud or duress or material mistake of fact.
13 Del. C. § 6-703 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-703
§ Â
        6-703. Relationship of Division of Child Support Services to United States central authority.
Status: in_force

The Division of Child Support Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
13 Del. C. § 513 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 513
§ Â
        513. Judgment; order of support; other terms.
Status: repealed

(a) Where the duty of support has been determined to exist, the court may:

(1) Order the defendant to pay a certain sum periodically into the Division of Child Support Services or directly to a resident parent, dependent, dependent’s legal guardian, caretaker relative having custody of or responsibility for the child, custodian or trustee, conservator representing the custodial parent and child directly with a legal and fiduciary duty, or alternate caretaker designated in a record by the custodial parent for a dependent’s support for so long as the obligation of support shall exist;

(2) Order the defendant to pay a specific total amount into the Division of Child Support Services or directly to a resident parent, dependent, dependent’s legal guardian, caretaker relative having custody of or responsibility for the child, custodian or trustee, conservator representing the custodial parent and child directly with a legal and fiduciary duty, or alternate caretaker designated in a record by the custodial parent in a lump sum or in such stated periodic amounts as the court deems proper;

(3) Order the defendant to pay directly to the obligee the cost of prenatal and postnatal medical, hospital, and other lying-in expenses incident to the birth of a child;

(4) Order the defendant to elect health insurance coverage for a child available through the defendant’s employment, otherwise available at reasonable cost as defined in § 401(b)(11) of this title or to pay directly the cost of health insurance coverage for a child; provided, however, that any new or modified order entered in any case brought under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) shall require either or both parents to provide health insurance coverage for the child or children who are the subjects of the child support; and provided, further, that in any case brought under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) in which a parent is ordered to provide health care coverage for a child through an employment-related group health plan, the Division of Child Support Services shall issue the National Medical Support Notice required by Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) and federal regulations promulgated pursuant thereto, and the Division shall promptly notify the employer when there is no longer a current order for medical support in effect for which the Division is responsible:

a. In any case in which a parent is required by court or administrative order to provide health insurance coverage for a child and the parent is eligible for family health coverage through an employer doing business in this State, such employer shall:

1. Permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage (without regard to any enrollment season restrictions).

2. If such a parent is enrolled but fails to make application to obtain coverage of such child, enroll such child under such family coverage upon application by the child’s other parent, the Division of Child Support Services or Division of Social Services. The court or administrative order providing for enrollment of the child shall constitute the application for enrollment.

3. Not disenroll (or eliminate coverage of) any such child unless the employer is provided satisfactory written evidence that:

A. Such court or administrative order is no longer in effect; or

B. The child is or will be enrolled in comparable health coverage which will take effect not later than the effective date of such disenrollment; or

C. The employer has eliminated family health coverage for all of its employees.

4. Where an obligor has been ordered to provide health insurance coverage for a child in a case enforced pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), receipt by an employer or successive employer of a National Medical Support Notice or other notice from the court or the Division of Child Support Services of an order of a court or administrative agency requiring the obligor to provide health insurance coverage shall operate to enroll the child in the obligor’s health insurance plan without regard to any enrollment season restrictions. The obligor may contest the notice by filing a petition in opposition thereto in the Family Court not later than 10 days after issuance of the notice. The petition in opposition may be based only on mistake of fact. Filing of a petition in opposition shall not relieve the employer of any duties under the notice, order or National Medical Support Notice until such time as the employer receives notice that the contest has been resolved. The Court or the Division of Child Support Services shall send a copy of the notice to the obligor at the same time it sends notice to the employer.

b. An order for health insurance coverage shall operate as an assignment of all benefit rights to the obligee or to the child’s health services provider, and in any claim against the coverage provider or insurer, the obligee or the obligee’s assignee shall be subrogated to the rights of the obligor. Notwithstanding the provisions of this paragraph (a)(4)b. regarding assignment of benefits, this paragraph (a)(4)b. shall not require a health service contractor or a health maintenance organization to deviate from their contractual provisions and restrictions regarding reimbursement for covered services. If the coverage is terminated, the employer shall mail a notice of termination to the Division of Child Support Services, or the obligee at the obligee’s last known address, within 30 days of the termination date.

c. If an obligor fails to pay the required portion of any deductible under the health insurance coverage or fails to pay the required portion of medical expenses incurred in excess of the coverage provided under the plan, the obligee or the Division of Child Support Services in cases brought under Part D of Title IV of the federal Social Security Act (42 U.S.C. § 651 et seq.) may enforce collection of the obligor’s portion of the deductible or the additional medical expenses through an appropriate order under this section, including attachment of the obligor’s income. The amount of the deductible or additional medical expenses shall be added to the obligor’s child support obligation and be collectible as provided by law if the obligor’s share of the amount of the deductible or additional expenses is reduced to a sum certain in a court order.

d. Receipt of a National Medical Support Notice or an order for the enforcement of a medical support obligation shall require an obligor’s employer to:

1. Answer the Division of Child Support Services or the obligee, as directed, within 20 days and confirm that the child:

A. Has been enrolled in a health care plan, or that the employer has transferred a National Medical Support Notice to the appropriate group health plan providing any such coverage for which the child or children are eligible; or

B. Cannot be covered, stating the reasons why such coverage cannot be provided.

2. Transfer a National Medical Support Notice to the appropriate group health plan providing any such health care coverage for which the child or children are eligible within 20 business days of the date of the National Medical Support Notice.

3. Withhold any required premium from the obligor’s income or wages, as provided in paragraph (b)(8) of this section.

4. If more than 1 plan is offered by the employer or health insurer, and each plan may be extended to cover the child, enroll the child in the obligor’s plan. If the obligor’s plan does not provide coverage which is accessible to the child, the child shall be enrolled in the least expensive plan otherwise available to the obligor. When the plan administrator reports that there is more than 1 option available under the plan, the Division of Child Support Services, in consultation with the obligee, must promptly select from available plan options.

5. Provide information to the Division of Child Support Services or the obligee, as directed, about the name of the health care provider or the insurer and the extent of the coverage available and make available to such party any necessary claim forms or enrollment membership cards.

e. Orders entered under this subsection may be enforced as provided in paragraphs (b)(9) and (10) of this section.

(5) Order 1 party to pay all or part of the cost to the other party of maintaining or defending any proceeding under this chapter and for attorneys’ fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after the entry of judgment, after considering the legal and factual basis for the action, the results obtained, the financial resources of both parties, and such other factors as the court deems just and equitable. The court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney’s own name;

(6) Enforce its order by attachment of the defendant or by sequestration of property;

(7) Enter such other orders as the Court of Chancery heretofore possessed the power to enter, and as the interests of the parties may require, including but not limited to orders of custody and visitation;

(8) Order the defendant to move from the family home, even though titled in defendant’s name alone or jointly with someone else, and not to live there for a reasonable period of time so that such defendant’s spouse and/or child or children of the marriage might live there and enjoy the family home as an element of support;

(9) Enjoin the defendant from molesting or disturbing the peace of such defendant’s spouse and/or child or children of the marriage for whom defendant is obliged to provide support;

(10) Restrain defendant from transferring, encumbering, concealing or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained, requiring such defendant to notify any person to whom such defendant has an obligation of support, or such person’s guardian, custodian or trustee, of any proposed extraordinary expenditure and to account to the court for all extraordinary expenditures made after the order is issued;

(11) Order the defendant to permit such defendant’s spouse and/or child or children of the marriage to have the use of designated personal property and/or fixtures, even though titled in defendant’s name alone or jointly with someone else, upon such terms and conditions as the court may impose, as an element of support;

(12) When a defendant fails to notify the court within 5 working days after a change of residential address hold the defendant in contempt of court and attach such defendant’s wages;

(13) Order either party to designate a minor child or children covered under a support order as a beneficiary on any of the parties’ existing life insurance policies for the duration of the support order. The designation may be exclusive or nonexclusive, as determined by the court. The court, in its discretion, may further order the obligor or obligee, whichever is applicable, to designate a trustee, if not the obligor or obligee, for the child or children until such child has reached the age of majority.

(b) (1) Where a duty to support or to provide medical support has been determined to exist and a new or modified support order is established, and regardless of whether support or medical support payments are in arrears, the court shall attach the obligor’s income, if any, as of the effective date of the order, for payment of support or premiums for health insurance coverage except that such income shall not be subject to such withholding under this paragraph (b)(1) in any case where:

a. One of the parties demonstrates, and the court (or administrative process) finds that there is good cause not to require immediate income withholding. Any finding that there is good cause not to require immediate income withholding must be based on at least:

1. A written determination that, and explanation by the court or administrative authority of why, implementing immediate income withholding would not be in the best interests of the child; and

2. Proof of timely payment of previously ordered support in cases involving modification of support orders; or

b. A written agreement is reached between both parties which provides for an alternative arrangement. As used herein, “written agreement” means a written alternative arrangement signed by both parents, or by the obligor and a representative of the Division of Child Support Services in cases brought under Part D of Title IV of the federal Social Security Act (42 U.S.C. § 651 et seq.) in which there is an assignment of support rights to the State, and reviewed and entered in the record by the court or administrative authority.

c. [Repealed.]

(2) a. Where no withholding order is in effect for orders of support or medical support entered under this chapter, Chapter 6 of this title, or where the order is one of unallocated alimony and child support under Chapter 15 of this title including orders issued prior to March 5, 1986, or where the ordered payment on arrears is less than 20 percent of current support, the obligor’s income shall be attached automatically upon the filing of a written notice sent by the obligee or the Division of Child Support Services of a default in payment for 1 calendar month, or earlier at the request of the obligor.

b. If the existing support order does not include payment on arrears or if the ordered payment on arrears is less than 20 percent of current support, then the income attachment shall be issued in the amount of current support plus an amount payable toward arrears of up to 20 percent of the current support order or $20 per month, whichever is greater. If the existing medical support order does not include an attachment for payment of health insurance coverage, payment for the obligor’s share (if any) for premiums of health insurance coverage shall be added to the attachment. The remedy specified for recovery of arrearages shall be in addition to and not in substitution for remedies available elsewhere in this title.

(3) Where an order for attachment is to be issued under this subsection or Chapter 4 of this title, the obligor shall be notified upon the commencement of the withholding that the withholding has commenced and of the procedures to follow if the obligor desires to contest such withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact. The notice shall include the information provided to the obligor’s employer pursuant to federal law. The obligor shall have 10 days from the date of notification to file an affidavit in opposition to the attachment based only upon an assertion of a mistake of fact concerning the identity of the parties, the delinquency of payment, or the jurisdiction of the court. Any other defenses to the amount of the obligation may be raised only in accordance with other provisions of this title. Full payment upon receipt of the notification shall not constitute grounds for contesting withholding. The court shall, upon consideration of the affidavit or affidavits, determine whether an issue of material fact or defense permissible under this section exists and shall, in accordance with that determination, schedule a hearing, order the termination of the attachment, or permit the attachment to continue. In either event, a final determination shall be made and both parties notified within 45 days of the notification.

(4) In all cases brought under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), a copy of the Court’s income withholding order shall be issued to the Division of Child Support Services and shall be served by the Division by first class mail upon the obligor’s employer, and any successive employer, and such service shall be as effectual for all purposes as if served by the court.

(5) For purposes of Chapters 4, 5 and 6 of this title, “income” is defined as:

a. Any periodic form of payment due to an individual, regardless of source, including, but not limited to, wages, salary, commission, vacation pay, severance pay, bonuses, compensation as an independent contractor, workers’ compensation, disability, sick pay, SUB benefits, medical benefits, unemployment compensation, railroad retirement, pensions, annuity and retirement benefits; or

b. Any lump sum payment due to an individual from an employer;

c. Provided, however, that income excludes:

1. Any amounts required by law to be withheld, other than creditor claims, including, but not limited to, federal, state and local taxes, Social Security and other mandatory retirement and disability contributions;

2 Union dues;

3 Any amounts exempted by federal law;

4. Public assistance payments; and

5. Tax refunds, which shall be governed by §§ 1205-1209 [repealed] of Title 30 and § 454 of the Social Security Act (42 U.S.C. § 654).

(6) “Employer” has the meaning given such term in § 4301(d) of the Internal Revenue Code of 1986 [repealed], and includes any governmental entity and any labor organization, as defined in § 2(5) of the National Labor Relations Act [29 U.S.C. § 152(5)], and includes an individual, partnership, association, corporation, trust, federal agency, state agency or political subdivision paying or obligated to pay income.

(7) Any attachment or execution to enforce an order for child support, medical support, or unallocated alimony and child support entered under this title shall not be subject to the exemptions or limitations set forth in § 3502 or § 4913 of Title 10 or § 5503 of Title 29. Said attachment for support shall also have priority over any other attachment, except an attachment for federal tax liens, regardless of whether such other attachment was perfected prior to the support attachment. The support and medical support attachment shall be subject to the limitations set forth in § 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)); provided, however, that an attachment of unemployment compensation shall not exceed 50 percent of the weekly payment thereof.

(8) a. Upon receipt of a certified copy of income withholding from the court or copy from the Division of Child Support Services, the employer shall deduct the specified sum, which may include a fee, established by the State, to be paid to the employer, unless waived by the employer, from the income due the obligor-employee and shall, at or before the time the obligor-employee is paid, send payments to the Division of Child Support Services or the obligee, as directed, and pay the health insurance premium amount deducted directly to the health insurer, and shall continue to do so for so long as the obligor remains in the employer’s employ or until the court orders otherwise; provided, however, that when an employer receives an income withholding order issued by another state, the employer shall apply the law of the state of the obligor’s principal place of employment in determining the factors enumerated in § 411(d) of this title. The withholding shall be effective with regard to any payment by the employer to the obligor after a reasonable time to give effect to the withholding, but in no event shall such withholding be delayed more than 7 days after the first pay-day following receipt of the wage attachment. In every case, the remittance shall be payable as directed and the remittance shall specify the obligor-employee’s name and Social Security number. In the event the employer is withholding from more than 1 employee, and the payee is the Division of Child Support Services, payment for the total amount may be remitted by a single payment. Upon the termination of the obligor’s employment, the employer shall notify the court, or the Division of Child Support Services if the order of income withholding or National Medical Support Notice was served by the Division, of said termination and shall provide the court, or the Division if the order of income withholding or National Medical Support Notice was served by the Division, with the obligor-employee’s last known address, along with the name and address of the obligor’s future employer, if known. If the obligor contests such withholding, the employer must initiate withholding until such time as the employer receives notice that the contest is resolved.

b. 1. An employer with 50 or more employees directed to send payments to the Division of Child Support Services must remit payment required under this section by electronic funds transfer and electronic data interchange at or before the time the obligor-employee is paid.

2. An employer with fewer than 50 employees may remit a payment required under this section by electronic funds transfer and electronic data interchange. A payment remitted by the employer electronically must be made at or before the time the obligor-employee is paid.

(9) Upon receipt of the certified copy of the order of income withholding from the court or from the Division of Child Support Services by certified mail, the employer becomes primarily liable for the payment of the obligations for support and medical support set forth in such order, as well as such criminal and civil sanctions as the court may impose in the event that the employer fails to comply with the terms of such income attachment and is found to be in contempt by the court.

(10) Any employer who fails to comply with the terms of this section or who dismisses, terminates or causes the termination of an obligor’s employment as a result of an attachment under this section shall be fined for the first offense not more than $1,000 or imprisoned not more than 90 days, or both, and for each subsequent offense shall be fined not more than $5,000 or imprisoned not more than 1 year, or both. Any employer who refuses to hire an obligor as a result of an attachment under this section shall be liable for a civil penalty of not more than $200 for the 1st offense and each subsequent offense. If the employer is a corporation, criminal liability shall be established pursuant to §§ 281-284 of Title 11.

(11) Withholding of income for support or medical support under this section shall remain in effect as long as the order for support or medical support upon which it is based, or any modification thereof.

(12) The Division of Child Support Services is designated as the state income withholding agency. The Division shall distribute all amounts received promptly in accordance with § 457 of the Social Security Act (42 U.S.C. § 657) and shall allocate amounts received when there is more than 1 obligee in accordance with rules promulgated by the federal Department of Health and Human Services.

a. In any case enforced under Title IV, Part D, of the Social Security Act (42 U.S.C. § 651 et seq.), and notwithstanding the provisions of the Administrative Procedures Act, Chapter 101 of Title 29, the Division is hereby authorized:

1. To order income withholding in accordance with this chapter, without the necessity of obtaining an order from any other judicial or administrative tribunal, and shall recognize and enforce the authority of state IV-D agencies of other states to do the same.

2. To execute an income withholding order without advance notice to the obligor, including issuing the withholding order through electronic means.

b. In cases in which support is subject to an assignment pursuant to Part A of Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] or to a requirement to pay through the state disbursement unit, upon providing notice to the obligor and obligee, the Division may direct the obligor or other payor to change the payee to the appropriate governmental entity.

(13) Any attachment or execution to enforce an order entered under this chapter or an order for alimony, division of property or other financial relief under Chapter 6, 7, 13 or 15 of this title shall not be subject to the exemptions or limitations set forth in § 3502 or § 4913 of Title 10.

(14) An employer who complies with an income withholding notice or National Medical Support Notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice.

(c) (1) Following the entry of any order of support or medical support under this chapter, the parties must notify each other in writing of every change in circumstances which might materially affect the existing support or medical support order; and, in addition, each party shall exchange completed financial report forms every 12 months to determine how the needs of those receiving support are being met with the support paid, and whether any modification should be made to the existing support order based upon the factors set forth in § 514 of this title.

(2) Where an order for child support, including orders issued prior to March 31, 1987, has been entered under this chapter, Chapter 6 or Chapter 15 of this title, the right of each and every child support installment or payment becomes absolute and vested upon coming due with the full force, effect and attributes of a judgment of the Family Court of the State.

(3) Remedies available under this subsection are cumulative with any and all other remedies available to enforce a child support obligation.

(4) After receipt by the Division of Child Support Services of a copy of an order of child support as set forth in paragraph (c)(1) of this section made payable through the Division, the Division shall promptly record all payments received and apply said payments to installment or payment amounts due and owing by the obligor in accordance with regulations promulgated by the federal Department of Health and Human Services. The Division may establish administrative procedures to make technical corrections in the Division’s accounting records. With regard to any order of child support made payable through the Division, the Division’s records shall be presumptive of the payment or nonpayment of each installment payment.

(d) (1) The Court shall have continuing jurisdiction to modify prospectively an order of child support entered by the Court including orders issued prior to March 31, 1987, so long as the obligated party has a duty of support under this chapter, Chapter 6 or Chapter 15 of this title and at least 1 of the parties or the child whose support is at issue resides in the State or as provided in § 6-205(a)(2) of this title.

(2) An order of child support entered by this Court or a court of competent jurisdiction in this or any other state, including orders entered prior to March 31, 1987, shall not be retroactively modified except with respect to any period during which there is pending petition for prospective modification but only from the date that notice of such petition has been given to the respondent directly or through the respondent’s agent, including the Division of Child Support Services in cases administered under Title IV-D of the Social Security Act [42 U.S.C. § 651 et seq.]. In addition to any other manner or type, “notice” for the purposes of this paragraph (d)(2) shall include but not be limited to regular mail to the most recent address provided to the Court by the respondent or otherwise confirmed by a superior form of service in this or any other action. Said notice shall be effective on the date of delivery, first attempted delivery, or 3 days after posting (if by regular mail), whichever first occurs.

(3) Whenever the Court considers a petition to modify child support, the Court shall also consider whether medical support should be ordered or modified, as provided in this chapter. When the Court considers a petition to establish or modify medical support, such petition shall also put the order for child support at issue, and the Court will determine whether the child support amount should be modified in accordance with the guidelines.

(e) The Court shall have continuing jurisdiction to enforce an order of child support entered by the Court, including orders issued prior to March 31, 1987, so long as the obligated parent has a duty to support the child or children under this chapter, Chapter 6 or Chapter 15 of this title or there are arrearages or past due amounts due and owing on such an order. Nothing in this subsection shall be construed as limiting the Court’s authority under Chapter 4 of this title.

(f) Each party to a support order shall report any change in each such party’s current residential address, driver’s license number, telephone number, employer, employer’s address and employer’s telephone number to the Family Court, and to the Division of Child Support Services in any case enforced by the Division pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), within 5 days of when the change occurs. Notice for purposes of enforcing or modifying a child support order shall mean:

(1) Mailed notice to the last known residential address provided to the Family Court by the party; or

(2) Upon a showing of diligent efforts to locate a party, mailed notice to the last known employment address provided to the Family Court by the party; provided, however, that where the respondent is a IV-D client as defined by regulation of the Secretary of the Department of Health and Social Services, the Division of Child Support Services shall be the appropriate agent for the receipt of any such notice.

(g) Upon receipt of a written request, or a request by other electronic means where available, from the Director of the Division of Child Support Services in any case enforced by the Division pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), any employer, as that term is defined in paragraph (b)(6) of this section, and any labor organization, as that term is defined in § 710 of Title 19, shall cooperate with and provide relevant employment and income information in the possession of such employer or labor organization to the Director or the Director’s designee for the purpose of establishing, modifying or enforcing a child support order. Relevant employment and income information includes: Whether a named person has or has not been employed by an employer or whether a named person has or has not been employed to the knowledge of the labor organization; the full name of the employee or member; the employee’s or member’s last known address; the employee’s or member’s date of birth; the employee’s or member’s Social Security number; all income, as that term is defined in paragraph (b)(5) of this section, paid to the employee or member in the prior and current calendar year and the employee’s or member’s current rate of pay; and whether dependent health insurance coverage is available to the employee or member through employment or membership in the labor organization, together with information about the name of the health care insurer and the extent of the coverage available.

(1) An employer or labor organization shall be immune from any liability for providing information pursuant to this subsection.

(2) Any employer or labor organization which fails or refuses to provide the information described in this subsection within 30 days after receipt of a request from the Director of the Division of Child Support Services or as otherwise provided in such request shall be punished by a fine of not less than $100 nor more than $500. For a second or subsequent offense, such employer or labor organization shall be fined not less than $500 nor more than $1,000. A fine under this section may not be suspended. If the employer or labor organization is a corporation, criminal liability shall be established pursuant to §§ 281-284 of Title 11.

(h) In every child support action filed under this chapter or under Chapter 4, 6, or 8 of this title, the Family Court shall collect and maintain a record of the name, residential address, Social Security number, date of birth, driver’s license number, telephone number, employer, employer address and employer telephone number of each party. Unless good cause is shown, the Family Court may limit access to this information.

(i) Notwithstanding any other law, rule or regulation to the contrary, a child support payment shall not be subject to attachment, garnishment or execution.
13 Del. C. § 1305 — Delaware Code / Title 13 / Chapter 13 / Subchapter I / Section 1305
§ Â
        1305. Fatherâs liability for maintenance; payment to State Department of Health and Social Services.
Status: repealed

The father of an illegitimate child shall be bound to pay the State Department of Health and Social Services all charges it incurs, for maintenance, or otherwise, of such child while under 18 years of age, in accordance with Chapter 28 of Title 31. It may recover the same as any other debt, or by means of any bond of indemnity, given to secure it, under §§ 1326 [repealed] and 1327 [repealed] of this title.
13 Del. C. § 6-614 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-614
§ Â
        6-614. Notice to issuing tribunal of modification.
Status: in_force

Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
13 Del. C. § 2520 — Delaware Code / Title 13 / Chapter 25 / Subchapter III / Section 2520
§ Â
        2520. Duties and rights of parents under a DSCYF custody order.
Status: in_force

(a) Unless the parental rights have been terminated, a parent whose child is in DSCYF custody may petition for and seek enforcement of:

(1) An order for visitation, contact, and/or information regarding the child if not otherwise prohibited by law;

(2) Unless otherwise ordered by the Court or authorized by statute, an order that DSCYF is required to make reasonable efforts at reunifying the child with such parent;

(3) An order rescinding custody from DSCYF to the parent.

(b) Unless the parental rights have been terminated, a parent whose child is in DSCYF custody maintains the right, unless otherwise ordered by the Court, to:

(1) Consent to certain medical or mental health care for the child as set forth in § 2521(2) of this title.

(2) Consent to educational decisions for the child, subject to applicable state and federal law, as set forth in § 2521(4) of this title.

(3) Attend and participate in school related meetings and activities related to the child, attend extracurricular activities, attend medical/dental appointments, and access medical/dental records regarding the child.

(c) Unless parental rights have been terminated, a parent whose child is in DSCYF custody shall have the following duties:

(1) To support the child financially as provided for in Chapter 5 of this title, unless just cause exists under § 506 of this title;

(2) To engage in offered services to alleviate or mitigate the causes necessitating placement in DSCYF custody, in cases where the DSCYF is providing reunification services to the parents.
13 Del. C. § 2205 — Delaware Code / Title 13 / Chapter 22 / Section 2205
§ Â
        2205. Administrative authority.
Status: in_force

(a) In all cases enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the Division of Child Support Services is authorized to take the following actions for the purpose of establishing paternity or establishing, modifying or enforcing a support order, without the necessity of obtaining a Court order:

(1) Order genetic testing for the purpose of establishing paternity;

(2) Request, and obtain access to, information on the employment, residential address, Social Security number, compensation and benefits of any employee or contractor of an entity in the State, including for-profit, nonprofit and governmental employers, and any member of a labor organization;

(3) Request, and obtain access to, information contained in the records of state and local government agencies regarding a putative father, an obligor or an obligee, which includes, but is not limited to, the following:

a. State income tax returns and all other state income tax information including, but not limited to, documents or records provided in support of a tax return by an employer, financial institution, or other holder or source of income;

b. Division of Motor Vehicles information including, but not limited to, proper name spelling, physical description, date of birth, location and date of last contact with the Division of Motor Vehicles, license expiration date, vehicle registration, violations and warrants;

c. Public housing authority records;

d. Vital statistics records and information including, but not limited to, birth, marriage, divorce and death records;

e. Criminal history record information including, but not limited to, arrest, conviction, incarceration, parole and employment information;

f. Credit bureau information including, but not limited to, credit history and locations and dates of credit application;

g. Deed or title registry records; and

h. Any other information deemed necessary by the Division to assist in administering the child support program;

(4) Request, and obtain access to, information contained in the records of financial institutions with respect to individuals who owe or are owed support (or against or with respect to whom a support obligation is sought);

(5) Issue an administrative subpoena to any individual, state or local government agency, private company, institution or other entity seeking financial or other information needed to establish paternity or to establish, modify or enforce a support order;

(6) Issue an administrative subpoena, pursuant to paragraph (a)(5) of this section, seeking the name, Social Security number, residential address, employer and employment address of any parent or custodian that appears in the customer records of a public utility or a cable television company;

(7) Order income withholding pursuant to § 513(b)(12) of this title, including income withholding against a lump sum payment to satisfy any arrears or retroactive support, where the lump sum payment is not included in the existing calculation of support; and

(8) Institute collection procedures pursuant to § 2207 of this title.

(b) Any individual, state or local government agency, private company, institution or other entity providing information in response to a request by the Division or an administrative subpoena issued by the Division shall be immune from any civil or criminal liability based on such compliance unless the individual, state or local government agency, private company, institution or other entity knowingly provided false information.

(c) If any individual, private company, institution or other entity fails to comply with an administrative subpoena issued by the Division of Child Support Services, the Division may compel compliance with said subpoena by filing a motion to compel in the Family Court, which shall have jurisdiction to hear such actions. The Family Court may order costs, attorney’s fees and/or a civil fine not to exceed $1,000 if the motion to compel is granted.

(d) Upon request, the Division of Child Support Services shall make available information, as provided in this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S. C. § 651 et seq.).

(e) Information obtained by the Division of Child Support Services under this section shall be used only for purposes related to the child support program administered pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.).
13 Del. C. § 2503 — Delaware Code / Title 13 / Chapter 25 / Subchapter I / Section 2503
§ Â
        2503. Jurisdiction and venue.
Status: in_force

(a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate DSCYF custody orders.

(b) A petition for DSCYF custody under this chapter may be filed in the Family Court of any of the following counties:

(1) The county in which the organization or persons, having legal or physical care, custody, or control of the child is located; or

(2) The county in which the child resides.

(c) The provisions of §§ 722, 724, 728(d)-(f) of this title and Chapters 7A and 24 of this title shall be applicable to proceedings filed under this chapter.
13 Del. C. § 8-414 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-414
§ Â
        8-414. Untimely registration.
Status: in_force

If a man registers more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the registrant that on its face his registration was not filed timely.
13 Del. C. § 2320 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2320
§ Â
        2320. Persons eligible to petition for guardianship.
Status: in_force

Unless otherwise specified in this chapter, any adult person or persons may petition the Family Court for a guardianship order regarding a child who is not the adult person’s or persons’ child. Unless otherwise specified in this chapter, DSCYF, the Division, a licensed agency, the child’s attorney, the guardian ad litem or a hospital that has an interest in the health, education or welfare of a child or children may petition the Family Court for a guardianship order so long as the proposed guardian or guardians consent to the appointment.
13 Del. C. § 211 — Delaware Code / Title 13 / Chapter 2 / Section 211
§ Â
        211. Performance of civil union solemnization in violation of chapter; false certificate of civil union; penalties.
Status: in_force

Any person or religious society having authority to solemnize civil unions who performs a civil union solemnization without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 24 hours from the time of the issuance of the license or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize civil unions who shall make any false certificate of civil union shall be fined $100. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
13 Del. C. § 1115 — Delaware Code / Title 13 / Chapter 11 / Section 1115
§ Â
        1115. Interpretation.
Status: in_force

This chapter is intended to promote without undue delay the paramount objective of advancing the best interest of the child, and a question of interpretation must be construed liberally to achieve this legislative intent.
13 Del. C. § 710 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 710
§ Â
        710. Minorsâ consent to diagnostic and lawful therapeutic procedures relating to care and treatment for pregnancy or contagious diseases.
Status: in_force

(a) A minor 12 years of age or over who professes to be either pregnant or afflicted with contagious, infectious or communicable diseases within the meaning of Chapters 5 and 7 of Title 16, or who professes to be exposed to the chance of becoming pregnant, may give written consent, except to abortion, to any licensed physician, hospital or public clinic for any diagnostic, preventive, lawful therapeutic procedures, medical or surgical care and treatment, including X rays, by any physician licensed for the practice of medicine or surgery or osteopathic medicine or surgery in this State and by any hospital or public clinic, their qualified employees or agents while acting within the scope of their employment.

(b) Consent so given by a minor 12 years of age or over shall, notwithstanding such minority, be valid and legally effective for all purposes, regardless of whether such minor’s profession of pregnancy or contagious disease is subsequently medically confirmed, and shall be binding upon such minor, such minor’s parents, legal guardians, spouse, heirs, executors and administrators as effectively as if the minor were of full legal age at the time of giving of the consent. A minor giving the consent shall be deemed to have the same legal capacity to act and the same legal obligations with regard to giving consent as if the minor were of full legal age. Consent so given shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person or court shall be necessary for the performance of the diagnostic and lawful therapeutic procedures, medical or surgical care and treatment rendered such minor.

(c) The physician licensed for the practice of medicine or surgery or hospital to whom such consent shall be given may, in the sole exercise of that physician’s, surgeon’s, or hospital’s discretion, either provide or withhold from the parents or legal guardian or spouse of such minor such information as to diagnosis, therapeutic procedures, care and treatment rendered or to be rendered the minor as such physician, surgeon or hospital deems to be advisable under the circumstances, having primary regard for the interests of the minor.

(d) The parents, legal guardian or spouse of a consenting minor shall not be liable for payment for diagnostic and lawful therapeutic procedures performed, medical or surgical care or treatment rendered or hospital confinement pursuant to this section.

(e) Notice of intention to perform any operation otherwise permitted under this section shall be given the parents or legal guardian of such minor at their last known address, if available, by telegram sent at time of diagnosis by the surgeon designated to perform such operation; provided, that such operation may proceed forthwith after diagnosis if there is reason to believe that delay would endanger the life of such minor or there is a reasonable probability of irreparable injury.

(f) Nothing contained in this section shall be construed to relieve any licensed physician, hospital or public clinic, their agents or employees, from liability for their negligence in the diagnosis, care and treatment rendered such minor.
13 Del. C. § 2204A — Delaware Code / Title 13 / Chapter 22 / Section 2204A
§ Â
        2204A. Disbursement of support payments.
Status: in_force

(a) (1) The Division of Child Support Services may establish a process to transfer support payments electronically to an account designated by the obligee of the support order or to an alternate account that can be accessed by the obligee through an electronic access card. The electronic transfer of support payments shall begin when the Department of Health and Social Services certifies all necessary steps in the process are established and complete.

(2) For the purposes of this chapter, an “obligee” is considered a resident parent, a dependent, legal guardian, caretaker relative having custody of or responsibility for the child, custodian or trustee, conservator representing the custodial parent and child directly with a legal and fiduciary duty, or alternate caretaker designated in a record by the custodial parent for a dependent’s support as long as the obligation of support exists.

(b) When the process for electronic transfer of support payments is certified by the Department of Health and Social Services and takes effect, all payments disbursed by the Division to an obligee shall be by electronic transfer of support payments unless the Division grants a hardship exemption. Before the date on which electronic transfer of support payments takes effect, the Division shall provide a notice to each obligee to whom it disburses support payments that includes the following:

(1) That the obligee has 20 days after the date of the notice to complete an authorization for automatic deposit form and return it to the Division, and that if the obligee does not authorize direct deposit, the Division will issue an electronic access card for receipt of support payments unless the obligee claims a hardship exemption as provided herein.

(2) That a request for a hardship exemption must be in writing and include documentation that supports the request.

(3) Information on the use and restrictions associated with the use of an electronic access card.

(c) The Division may disburse a support payment by check if any of the following conditions applies:

(1) Payment by check is necessary to meet federal requirements and electronic transfer is not feasible.

(2) The obligee is involved in legal proceedings that require payments to be sent to a trustee or representative payee.

(3) The obligee has not requested automatic deposit to a designated account of the obligee and has asserted in writing that the use of an electronic access card will create an undue hardship because of a documented physical or mental disability.

(4) Payments on the support account are made so infrequently that the Division determines that disbursement of payments by electronic transfer is impracticable.

(d) The Division may adopt policies to implement the process for payment by electronic process.

(e) For the purposes of this section, “electronic access card” means a stored value card that is issued by the Division and in which support payments are deposited electronically in the same manner as automatic or direct deposit.
13 Del. C. § 2371 — Delaware Code / Title 13 / Chapter 23 / Subchapter VI / Section 2371
§ Â
        2371. Appointment of standby guardian as permanent guardian.
Status: in_force

Except as modified by order of the Court, should the standby guardian wish to be appointed as the permanent guardian of the child, permanent guardianship shall be determined under §§ 2350-2359 of this title.
13 Del. C. § 503 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Duty to support a poor person.
Status: in_force

Except as expressly provided in §§ 501 and 502 of this title, the duty to support a poor person unable to support the poor person’s own self rests upon the spouse, parents, or children, in that order, subject to § 504 of this title as to expenses described therein. If the relation prior in order shall not be able, the next in order shall be liable, and several relations of the same order shall, if able, contribute according to their means.
13 Del. C. § 722A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 722A
§ Â
        722A. Purpose.
Status: in_force

The purpose of this subchapter is to protect children from sex offenders by presuming that it is not in the best interests of a child to be placed in a custodial, residential or unsupervised visitation arrangement with a sex offender, regardless of whether the sex offender’s victim was an adult or a child.

Nothing in this subchapter shall preclude the court from denying custody, residency or visitation under other appropriate circumstances, including denying same under an ex parte or other emergency order.
13 Del. C. § 1106 — Delaware Code / Title 13 / Chapter 11 / Section 1106
§ Â
        1106. Consent requirements.
Status: in_force

(a) In a proceeding under § 1103(a)(1) of this title, consent is required from all of the following:

(1) The mother, father, and, if applicable, presumed father of the child.

a. An admission of paternity is not required for an alleged father’s or presumed father’s consent. If the alleged father or presumed father denies paternity, the petition must include, in lieu of a consent, an affidavit denying paternity that the alleged father or presumed father signed.

b. If the mother was married when the child was conceived or born, but the mother’s husband at conception or birth is not the child’s biological father, the husband’s notarized statement that the husband is not the child’s biological father is prima facie proof that the husband is not the biological father, absent evidence to the contrary. If the husband’s notarized statement cannot be obtained, a notice of hearing must be sent to the husband under § 1107 of this title.

c. If a petition contains a statement under § 1105(a)(5)a.1., 2., or 3. of this title and the Court finds, after a hearing and in consideration of the social report, that the child’s mother and father are not living together openly as husband and wife and they have not done so and have not married since the child’s birth, the Court may waive the requirement of the father’s consent.

(2) One parent alone, if the other is deceased.

(3) Another person or organization holding parental rights.

(4) One parent alone if the termination of the other parent’s rights is sought on another ground.

(b) If the person in whom the right to consent exists is under the age of 18, this fact is not a bar to the giving of consent and does not render the consent invalid when given, if the requirements under subsections (d) and (e) of this section are met.

(c) A mother whose consent to the termination of parental rights is required may execute a consent only after the child is born. A father or presumed father may execute a consent either before or after the child is born.

(d) A consent by a parent, agency, or organization holding parental rights must be executed in at least 1 of the following ways:

(1) Signed or confirmed in the presence of at least 1 of the following:

a. A judge or commissioner of a court of record.

b. An individual that a judge has designated to take a consent.

c. An employee that an agency has designated to take a consent.

d. A lawyer other than the lawyer representing an adoptive parent or the agency to which parental rights will be transferred.

e. A commissioned officer on active duty in the military service of the United States, if the individual executing the consent is in military service.

f. An officer of the foreign service or a consular officer of the United States in another country, if the individual executing the consent is in that country.

(2) Made orally and accepted by the Court after a review on the record of the information required under § 1106A of this title.

(e) An individual before whom a consent is signed or confirmed under subsection (d) of this section shall certify in writing or orally before the Court that the individual explained the contents and consequences of the consent and, to the best of the individual’s knowledge or belief, the individual executing the consent did all of the following:

(1) Read or was read the consent and understood it.

(2) Entered into the consent voluntarily.

(3) If the individual executing the consent is a parent who is a minor, was advised by a lawyer who is not representing an adoptive parent or agency to which parental rights are being transferred.

(f) Once the requirements under subsections (d) and (e) of this section have been met, the consent to termination and transfer of parental rights is irrevocable unless the requirements under § 1106B(a) of this title have been met.
13 Del. C. § 101 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Void and voidable marriages.
Status: repealed

(a) A marriage is prohibited and void between a person and such person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.

(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:

(1)-(5) [Repealed.]

(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph (b)(6) may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;

(7) [Repealed.]

(c) [Repealed.]

(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State.

(e) For all purposes of the laws of this State, 2 persons of the same gender who are parties to a legal union other than a marriage (whether designated as a civil union, a domestic partnership or another relationship) established in another jurisdiction shall be afforded and shall be subject to the same rights, benefits, protections, responsibilities, obligations and duties as are afforded and imposed upon married spouses (whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) if:

(1) Such legal union was validly entered into in such other jurisdiction;

(2) Such legal union would not be prohibited as a marriage by reason of subsection (a) of this section; and

(3) Such legal union affords and imposes on such individuals under the laws of the jurisdiction establishing such union substantially the same rights, benefits, protections, responsibilities, obligations and duties as a marriage.
13 Del. C. § 2515 — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2515
§ Â
        2515. Authority to order transition plan and adult mental or behavioral health diagnosis.
Status: in_force

(a) When a child 17 years of age or older is in the custody of DSCYF, the Court may order the Department of Health and Social Services to determine whether the child qualifies for adult mental health or behavioral health services and, if so, to coordinate with DSCYF to develop and implement a transition plan for mental or behavioral health services for the child. The Court may further order that the transition plan include any of the following:

(1) An appropriate adult mental or behavioral health diagnosis for the child.

(2) A list of prospective adult services for which the child might qualify.

(3) Any other information or relief that the Court finds relevant to the child’s transition to adulthood.

(b) DSCYF or the Department of Health and Social Services, or the appropriate divisions of either, shall develop and submit the transition plan that the Court has ordered under this section in a timely manner, as the Court directs.
13 Del. C. § 412 — Delaware Code / Title 13 / Chapter 4 / Section 412
§ Â
        412. Employer liability.
Status: in_force

An employer who complies with an income withholding notice that is regular on its face shall not be subject to civil liability to any individual or agency for conduct in compliance with the notice.
13 Del. C. § 516 — Delaware Code / Title 13 / Chapter 5 / Subchapter II / Section 516
§ Â
        516. Violation of support order for spouse or child; proceedings; contempt; assignment of income; employerâs duties.
Status: repealed

(a) If the Court, after notice to defendant and a hearing on a rule to show cause, concludes that the defendant has violated the terms of an order of support for a spouse or child, it may punish such defendant for contempt and may attach the defendant’s income. Such punishment may not include commitment to the Department of Correction, including but not limited to institutional confinement, unless the defendant had actual clear notice of the order and had the ability to pay but wilfully failed to substantially comply with the obligation. The defendant must be provided the opportunity to avoid or be released from commitment to the Department of Correction upon a reasonable measure of compliance established by the Court. In any case enforced under Title IV, Part D, of the Social Security Act (42 U.S.C. § 651 et seq.), the income of a person with a support obligation imposed by a support order issued (or modified) in this State before October 1, 1996, if not otherwise subject to withholding under § 513 of this title, shall, by operation of law, become subject to withholding as provided in § 513 of this title if arrearages occur, without the need for a hearing.

(b) Order by income attachment and/or by direct payment an additional amount toward arrears in addition to any amount ordered pursuant to § 513(b) of this title.

(c) In cases where the Court deems it appropriate, it may accept a voluntary assignment of income from the defendant in lieu of an attachment of the defendant’s income.

(d) The Court or the Division of Child Support Services shall notify the Department of Health and Social Services of any arrearage of support payments due from a defendant in order that the Department may proceed to set off said arrearage pursuant to §§ 1205-1209 (repealed) of Title 30 against any refund of personal income taxes to which said defendant may be entitled.

(e) Upon a finding by the Court of a violation of a support order after notice to a defendant and a hearing on a rule to show cause, and in the case of a defendant who derives income from self-employment by an employer not subject to the jurisdiction of the Court, or from any other type of employment which makes the attachment of income impractical, the Court shall require the person to enter into bond or other adequate collateral security, with or without sureties, to secure payment of the obligation to the Court in the amount of the past-due support plus a sum fixed by the Court to insure the payment of support as it becomes due for a period of not less than 3 months, conditioned upon the person making payment as previously ordered. The Court may order the cancellation of the bond or other collateral security upon proof of full payment of past-due and current support pursuant to the support order, as follows:

(1) The Court may order the cancellation of a bond or other collateral security imposed for a first violation of support order after proof of full payment of past-due and current support payments.

(2) The Court may order the cancellation of a bond or other collateral security imposed for a second violation of support order 12 months after proof of full payment of past-due and current support payments.

(3) The Court may order the cancellation of a bond or other collateral security imposed for a third violation of support order 24 months after proof of full payment of past-due and current support payments.

(f) When an arrearage has accrued for 90 days under a support order, and the existing support order does not include payment on arrears, the amount of the order shall, by operation of law, be increased by 10 percent of the current support order or $5.00, whichever is greater. The remedy specified for recovery of arrearages shall be in addition to and not in substitution for remedies available elsewhere for the enforcement of a support order.

(g) Upon a finding by the Court that an obligor owes $1,000 or more in arrears or retroactive support, is 30 or more days delinquent in payment of the child support order, and the failure to pay such arrears or retroactive support is wilful and not due to an inability to pay, in addition to any other orders, the Court may order the suspension of the obligor’s license, as that term is defined in § 2216 of this title. Such an order shall also render the obligor ineligible for the issuance or renewal of any such license.

In all cases administered under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the Court shall forward such order to the Director of the Division of Child Support Services to be carried out pursuant to § 2216(g) of this title. In all other instances, the Court shall notify the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation of the denial or suspension of a license pursuant to this subsection. Such notification may be made electronically, by computer or by such other means as the Court and the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and the Director of the Division of Professional Regulation may agree, and such notification shall constitute sufficient authority for the denial or suspension of any license.

The Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation shall forthwith deny the issuance or renewal of any license, or suspend the same, and so notify the obligor. The order of the Court shall be conclusive, and the action of the Director of the Division of Motor Vehicles, the Director of the Division of Revenue, the Director of the Division of Fish and Wildlife and/or the Director of the Division of Professional Regulation in compliance therewith shall be effective 4 days after the date notice of same is mailed to the obligor at the address on record at the Division of Motor Vehicles, the Division of Revenue, the Division of Fish and Wildlife or the Division of Professional Regulation.

The obligor shall remain ineligible for the issuance, renewal or reinstatement of any license until the obligor obtains from the Court written certification that the grounds for denial or suspension of a license under this subsection no longer exist. Nothing in this subsection shall be construed as limiting the denial or suspension of any license as provided in § 2216 of this title.

(h) Notwithstanding any contrary provision of this chapter or Chapter 22 of this title, the Court may, in a pending proceeding related to child support, order the removal of any or all restrictions on licensed privileges proposed or imposed related to a failure to pay child support, and without regard to whether the suspension or revocation was a result of the action of the Court or the Division of Child Support Services where the removal of such restrictions is in the best interests of the child or children and the parties as it relates to the ability of the obligor to meet the obligor’s parental obligations. The Court shall establish rebuttable standards in consultation with the Division of Child Support Services to insure the uniform and equitable application of the license suspension program.

(i) If the defendant has violated the terms of an order for support, and owes arrears, the Court may order the defendant to pay such support in accordance with a plan approved by the Court or the Division. If the defendant is subject to such a plan, and is not incapacitated, the Court may order an unemployed or under-employed defendant to participate in such work activities as may be available under a program operated by a state or private agency as the Court or the Division deems appropriate. In any case in which the Court orders the defendant to participate in work activities, the Court may also order the temporary decrease of support, mediation assistance, job training, peer support or any other program or intervention it deems necessary to assist the defendant in obtaining or maintaining appropriate employment.
13 Del. C. § 2202 — Delaware Code / Title 13 / Chapter 22 / Section 2202
§ Â
        2202. Powers and duties.
Status: in_force

The Division of Child Support Services may:

(1) Accept, transfer and expend funds made available by the federal or state government or by another public or private source for the purpose of carrying out this chapter;

(2) Adopt rules, regulations and procedures for the provision of child support services;

(3) Initiate legal and administrative actions necessary to implement this chapter; and

(4) Enter into contracts or agreements necessary to implement this chapter.
13 Del. C. § 8-602 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-602
§ Â
        8-602. Standing to maintain proceeding.
Status: in_force

Subject to subchapter III of this chapter and §§ 8-607 and 8-609 of this title, a proceeding to adjudicate parentage may be maintained by:

(1) The child;

(2) The mother of the child;

(3) A man whose paternity of the child is to be adjudicated;

(4) The support-enforcement agency;

(5) An authorized adoption agency or licensed child-placing agency; or

(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.
13 Del. C. § 726A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 726A
§ Â
        726A. Sexual abuse without a criminal conviction.
Status: in_force

In the absence of a criminal conviction, if the court finds by a preponderance of the evidence that a parent has sexually abused a child, the court shall prohibit all visitation and contact between that parent and the child, until it considers testimony from a certified mental health professional who is the therapist for the child, as to whether such a custodial, residential or visitation arrangement is in the child’s best interests. If a custodial, residential or visitation arrangement is in the child’s best interests, in determining same, the court should consider all relevant factors including:

(1) Whether the abusive parent has successfully completed a treatment program of evaluation and counseling that is specifically designed for sexual abusers and is conducted by a public or private agency or a certified mental health professional, and as a result, does not pose a risk to children;

(2) Whether the abusive parent has successfully completed a program of alcohol or drug abuse counseling if the court determines such counseling is appropriate; and

(3) Any testimony by a certified mental health professional who is the therapist for the sexually abusive parent.
13 Del. C. § 6-304 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-304
§ Â
        6-304. Duties of initiating tribunal.
Status: in_force

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents:

(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
13 Del. C. § 6-603 — Delaware Code / Title 13 / Chapter 6 / Subchapter VI / Section 6-603
§ Â
        6-603. Effect of registration for enforcement.
Status: in_force

(a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.

(c) Except as otherwise provided in this chapter, a tribunal of this State shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
13 Del. C. § 8-603 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-603
§ Â
        8-603. Parties to proceeding.
Status: in_force

The following individuals must be joined as parties in a proceeding to adjudicate parentage:

(1) The mother of the child; and

(2) A man whose paternity of the child is to be adjudicated.
13 Del. C. § 6-711 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-711
§ Â
        6-711. Modification of Convention child-support order.
Status: in_force

(a) A tribunal of this State may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this State does not modify a Convention child-support order because the order is not recognized in this State, § 6-708(c) of this title applies.
13 Del. C. § 8-608 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-608
§ Â
        8-608. Authority to deny motion for genetic testing.
Status: in_force

(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child and the presumed or acknowledged father if the court determines that:

(1) The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and

(2) It would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.

(b) In determining whether to deny or to grant a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:

(1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;

(2) The length of time during which the presumed or acknowledged father has assumed the role of father of the child;

(3) The facts surrounding the presumed or acknowledged father’s discovery of his possible nonpaternity;

(4) The nature of the relationship between the child and the presumed or acknowledged father;

(5) The age of the child;

(6) The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;

(7) The nature of the relationship between the child and any alleged father;

(8) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child;

(9) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child; and

(10) Whether the child has a medical condition for which an accurate family history is necessary.

(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.

(d) Denial of a motion seeking an order for genetic testing must be based on clear and convincing evidence.

(e) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.
13 Del. C. § 129 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 129
§ Â
        129. Equal treatment of marital relationships.
Status: in_force

(a) All laws of this State applicable to marriage or married spouses or the children of married spouses, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, shall apply equally to same-gender and different-gender married couples and their children.

(b) Parties to a marriage shall be included in any definition or use of terms such as “dependent,” “family,” “husband,” “wife,” “widow,” “widower,” “immediate family,” “next of kin,” “spouse,” “stepparent,” “tenants by the entirety” and other terms, whether or not gender specific, that denote a spousal or familial relationship, or a person in a spousal or familial relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity, regardless of whether the parties to a marriage are the same gender or different genders.

(c) To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of treating differently same-gender married spouses or their children as compared to different-gender married spouses or their children, same-gender married spouses and their children shall be treated in all respects by the laws of this State as if United States federal law recognizes a marriage between persons of the same gender in the same manner as the laws of this State.

(d) The rights of same-gender married spouses, with respect to a child of whom either spouse becomes the parent during their marriage, shall be the same as the rights (including presumptions of parentage, paternity and maternity in Chapter 8 of this title) of different-gender married spouses with respect to a child of whom either spouse becomes the parent during their marriage.

(e) Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, Chapter 31 of Title 16, if a married person is the legal parent of a child at the birth of the child, including pursuant to subsection (d) of this section, such person shall be entitled to have such person’s name entered on the original certificate of birth as a parent of the child.

(f) All persons who enter into same-gender marriages that are solemnized in this State or are created by conversion from a civil union under the laws of this State consent to the nonexclusive jurisdiction of the Family Court of this State for all proceedings for divorce and annulment of such marriage, even if 1 or both parties no longer reside in this State, as set forth in § 1504 of this title.
13 Del. C. § 6-401 — Delaware Code / Title 13 / Chapter 6 / Subchapter IV / Section 6-401
§ Â
        6-401. Establishment of support order.
Status: in_force

(a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:

(1) The individual seeking the order resides outside this State; or

(2) The support enforcement agency seeking the order is located outside this State.

(b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) A presumed father of the child;

(2) Petitioning to have the individual’s own paternity adjudicated;

(3) Identified as the father of the child through genetic testing;

(4) An alleged father who has declined to submit to genetic testing;

(5) Shown by clear and convincing evidence to be the father of the child;

(6) An acknowledged father as provided by Chapter 8 of this title;

(7) The mother of the child; or

(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to § 6-305 of this title.
13 Del. C. § 1506 — Delaware Code / Title 13 / Chapter 15 / Section 1506
§ Â
        1506. Annulment.
Status: in_force

(a) The Court shall enter a decree of annulment of a marriage entered into under any of the following circumstances:

(1) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity, or because of the influence of alcohol, drugs or other incapacitating substances;

(2) A party lacked the physical capacity to consummate the marriage by sexual intercourse and the other party did not, at the time the marriage was solemnized, know of the incapacity;

(3) A party was less than legal age, if the marriage was not confirmed by such party after reaching legal age;

(4) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage;

(5) One or both parties entered into the marriage under duress exercised by the other party, or a third party, whether or not such other party knew of such exercise of duress;

(6) One or both parties entered into the marriage as a jest or dare; or

(7) The marriage is prohibited and void or voidable as provided in § 101 of this title.

(b) A decree of annulment may be sought by any of the following persons, and a petition therefor must be filed within the times specified below, but in no event may a decree of annulment be sought after the death of either party to the marriage, except as provided in this section:

(1) For the reasons set forth in either paragraph (a)(1), (4), (5) or (6) of this section, by either party to the marriage who was aggrieved by the condition or conditions, or by the legal representative of the party who lacked capacity to consent, no later than 90 days after petitioner obtained knowledge of the described condition.

(2) For the reason set forth in paragraph (a)(2) of this section, by either party no later than 1 year after petitioner obtained knowledge of the described condition.

(3) For the reason set forth in paragraph (a)(3) of this section, by the underaged party, such underaged party’s parent or guardian, no later than 1 year after the date the marriage was entered into.

(4) A decree of annulment for the reason set forth in paragraph (a)(7) of this section may be sought by either party, by the legal spouse in case of bigamous, polygamous or incestuous marriages, by the appropriate state official, or by a child of either party at any time prior to the death of either party or prior to the final settlement of the estate of either party and the discharge of the personal representative, executor or administrator of the estate, or prior to 6 months after an order of distribution is made under Chapter 23 of Title 12.

(c) Children born of an annulled marriage are legitimate. Marriages annulled under this section shall be so declared as of the date of the marriage.

(d) The provisions of this chapter relating to the property rights of spouses are applicable to annulment.

(e) “Separation” as defined in § 1503 of this title is inapplicable to annulment proceedings; and a petition may be filed whenever a circumstance exists as defined by, and within the time limit specified in, this section.
13 Del. C. § 1929 — Delaware Code / Title 13 / Chapter 19 / Subchapter II / Section 1929
§ Â
        1929. Appearance of parties and child.
Status: in_force

(a) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to § 1908 of this title include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d) If a party to a child custody proceeding who is outside this State is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
13 Del. C. § 951 — Delaware Code / Title 13 / Chapter 9 / Subchapter II / Section 951
§ Â
        951. Who may adopt.
Status: in_force

The following persons, who desire to adopt any person or persons over 18 years of age, shall file a petition in the Family Court of the county in which any of the petitioner(s) or the person(s) to be adopted resides:

(1) Any person petitioning individually;

(2) A married couple petitioning jointly; or

(3) A nonmarried couple petitioning jointly, provided that they are cohabiting, as that term is defined in §  1512(g) of this title.
13 Del. C. § 2512 — Delaware Code / Title 13 / Chapter 25 / Subchapter II / Section 2512
§ Â
        2512. Grounds for DSCYF custody; preliminary injunction.
Status: in_force

(a) When emergency custody or other emergency relief is sought by DSCYF, the Court may issue an ex parte order awarding emergency custody to DSCYF and order removal of a child from the home upon the establishment that:

(1) Continuation in the home is contrary to the welfare of the child; and

(2) Probable cause exists to believe that:

a. A child continues to be in actual physical, mental or emotional danger or there is a substantial imminent risk thereof or;

b. Immediate or irreparable harm may result to the child if such an order is not issued.

(b) Prior to granting an adjudicatory order for DSCYF custody, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that:

(1) As to each parent, the child is dependent, neglected or abused;

(2) It is in the child’s best interests to be in DSCYF custody.

(c) Should the elements of subsection (b) of this section be met, the Court shall also determine after a hearing on the merits or accept the agreement of the parties, the nature and extent, if any, of any contact, sharing of information and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard set forth in § 722 of this title, unless Chapter 7A or § 728(d)-(f) of this title apply.
13 Del. C. § 913 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 913
§ Â
        913. Time for filing the adoption petition.
Status: in_force

(a) A petition for adoption may be filed when the requirements of § 904 of this title have been met, the child is legally free for adoption, and the adoptive placement of the child has been supervised for a period of 6 months by the Department or licensed agency.

(b) In the case of a child to be adopted by a stepparent, guardian, permanent guardian or a blood relative, the petition for adoption shall be filed only after the child has resided in the home of the petitioner for at least 1 year; except that, on recommendation of the Department or licensed agency, a petition may be filed after 6 month’s continuous residence of the child in the petitioner’s home. In the case of adoption by a stepparent, guardian, permanent guardian or blood relative, it is not necessary that the child be legally free prior to the filing of the petition.
13 Del. C. § 906 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 906
§ Â
        906. Contents of petition for adoption.
Status: in_force

The petition shall state:

(1) The name, address and marital status of the petitioner or petitioners;

(2) The sex and date of birth of the child whose adoption is sought;

(3) The relationship of the petitioner to the child;

(4) The name of the person, persons or organization legally qualified to consent to the adoption and the basis for the existence in such person, persons or organization of the right to so consent;

(5) The date of the child’s placement in the adoptive home, or, in the case of a child to be adopted by a stepparent, the date of the marriage of the stepparent and the child’s natural parent;

(6) The name to be assumed by the child upon adoption;

(7) If, in the case of an adoption by a stepparent or blood relative, there has not been a prior legal termination of parental rights, the petition shall also include:

a. The name and residence of the mother and natural father or any presumed father, as defined in Chapter 8 of this title, of the child whose adoption is sought. If either or both parents are deceased, a statement to that effect, with a certified copy of the death certificate or certificates attached.

b. The mother’s marital status at the time of the child’s conception and birth. In the event that the mother was not married at the time of the child’s conception or birth, or in the event that she was married at the time of the child’s conception or birth but her husband at those times is not the child’s natural father, an affidavit by the mother setting forth either:

1. The name and last known address of the natural father; or

2. A statement that the mother knows the name of the natural father but is unwilling to disclose the name of the natural father; or

3. A statement that the mother does not know the name of the natural father; or

4. The name of the natural father, and a statement that the mother has never known his address.

c. In the case of a stepparent adoption where the petitioner is the wife of the alleged natural father and the child to be adopted has been born out of wedlock to the father and another woman, evidence of paternity blood testing which does not exclude the alleged natural father.

(8) In the case of a child being brought into this State from another state or country for adoption in this State, proof of compliance with all requirements of the Interstate Compact on the Placement of Children, as set out in Chapter 3 of Title 31, relating to such placement.

(9) After execution of the petition by the petitioner or petitioners, there shall be attached so as to preserve the confidential nature of the information contained therein, as required by § 923 of this title, the exhibits set out in paragraphs (7)a., b. and c. of this section; provided, however, that confidentiality is not required in the case of a petition by a stepparent or blood relative or where the birth parent or parents and adoptive parent or parents have exchanged identifying information as provided in § 929 of this title and copies of the written agreements required thereunder are attached:

a. The birth certificate of the child.

b. The legal name of the child whose adoption is being sought.

c. All required consents, or facts justifying the absence of consent, or a certified copy of the Court order terminating or transferring parental rights.

(10) All petitions for adoption filed shall have attached thereto affidavits of the petitioners stating the amount of the service fee charged by all agencies and any other expenses paid by the adopting family in the adoption process, and attesting that no intermediary assisted in locating the child.
13 Del. C. § 2215 — Delaware Code / Title 13 / Chapter 22 / Section 2215
§ Â
        2215. Child support liens.
Status: in_force

(a) A child support installment or payment that is past due is, as of the date on which it was due, a lien in favor of the obligee in an amount sufficient to satisfy the arrearage, whether the amount due is a fixed sum or is accruing periodically. A child support lien under this subsection arises by operation of law, without the necessity of obtaining a judicial determination of the arrearage or an order creating the lien, and such lien incorporates any unpaid child support that accrues while the lien is in effect.

(b) From the time it is perfected as provided in this section, the child support lien arising under subsection (a) of this section shall bind all real and personal property, and any interest in property, whether legal or equitable, of the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations described in subsection (l) of this section.

(c) A child support lien may be enforced as provided in this chapter or as otherwise provided by law.

(d) The remedies provided by this chapter do not affect the availability of other remedies provided by law to enforce liens and judgments.

(e) A child support lien of another state must be recognized and given full faith and credit by a tribunal in this State, without the necessity of a prior judicial notice or hearing.

(f) The IV-D agency, party or entity requesting enforcement in Delaware of a child support lien arising in another state shall certify that the obligor is delinquent under a support order. In order to perfect the child support lien against real and personal property in this State, the IV-D agency, party or entity seeking enforcement must comply with the notice requirements of this section.

(g) If an obligor has been ordered by the Court to pay child support and owes arrears or retroactive support in a case enforced by the Division of Child Support Services under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the Director of the Division of Child Support Services may do 1 or more of the following:

(1) Cause a lien for arrears or retroactive support to be placed upon the obligor’s distributive share of a decedent’s estate by filing notice of a child support lien with the Register of Wills of the county in which the decedent’s estate is being administered and by sending a written copy of the notice to the obligor and to the personal representative of the decedent. The lien attaches to the obligor’s distributive share upon the filing of the notice of the lien with the Register of Wills. Thereafter, the personal representative of the decedent shall pay to the Director the lesser of the obligor’s distributive share or the amount of arrears or retroactive support. If the personal representative fails to pay the Director in accordance with the lien, the personal representative is liable on the personal representative’s bond to the Director, as the payee of the child support obligation.

(2) a. Cause a lien for arrears or retroactive support to be placed upon any claim, counterclaim, cross-claim, action or suit, at law or in equity, of the obligor by filing notice of a child support lien with the Prothonotary or clerk of the court in which the claim, counterclaim, cross-claim, or other action or suit is pending and by sending a copy of the notice to the obligor. Upon the filing of the notice, the Prothonotary or clerk of the court shall mail a copy of the notice to the obligor and to all attorneys and insurance carriers of record, if known, each of whom is deemed to have received the notice 5 days after the Prothonotary or clerk mailed the notice.

b. Any person, firm, or corporation, including an insurance carrier, making any payment or settlement in full or partial satisfaction of any claim, counterclaim, cross-claim, or other action or suit after the receipt of the notice of lien is liable to the Director, as payee of the child support order, in an amount equal to the lesser of the payment or settlement or the child support arrears or retroactive support. The Director may enforce the child support lien in an action in the Family Court against any person, firm, or corporation, including an insurance carrier, making the payment or settlement.

(3) Cause a lien for arrears or retroactive support to be placed upon any demand or cause of action for negligence or personal injury of the obligor by sending written notice of a child support lien to the obligor, to the party or parties alleged to be liable to the obligor, if known, and to their attorneys of record, if known. The notice must also instruct the party to whom it is directed to deliver a copy of the notice to the party’s insurance carrier, if any. The lien described in this paragraph (g)(3) attaches to any payment or settlement, after deducting expenses of recovery and attorneys’ fees, made more than 5 days after the notice is mailed. Any person, firm, or corporation, including an insurance carrier, making any payment or settlement in full or partial satisfaction of any claim, counterclaim, cross-claim, or other action or suit after the receipt of the notice of lien is liable to the Director, as payee of the child support order, in an amount equal to the lesser of the payment or settlement or the child support arrears or retroactive support. The Director may enforce the child support lien in an action in the Family Court against any person, firm, or corporation, including an insurance carrier, making the payment or settlement.

(4) Cause a lien for arrears or retroactive support or an income withholding order to be placed upon any workers’ compensation benefits payable to the obligor by filing notice of a child support lien with the Secretary of the Industrial Accident Board and by sending a written copy of the notice to the obligor. Upon the filing of the notice, the Secretary of the Industrial Accident Board shall mail a copy of the notice to the obligor and to all attorneys and insurance carriers of record, each of whom is deemed to have received the notice 5 days after the date of mailing by the Secretary. The lien described in this paragraph (g)(4) attaches to any Industrial Accident Board award or any payment or settlement, after deducting expenses or recovery and attorneys’ fees, made more than 5 days after the Secretary of the Industrial Accident Board mailed the notice. The lien described in this paragraph (g)(4) does not take priority over liens created by § 2363 of Title 19. Any person, firm, or corporation, including an insurance carrier, making any payment or settlement in full or partial satisfaction of any claim, counterclaim, cross-claim, or other action or suit after the receipt of the notice of lien is liable to the Director, as payee of the child support order, in an amount equal to the lesser of the payment or settlement or the child support arrears or retroactive support. The Director may enforce the child support lien in an action in the Family Court against any person, firm, or corporation, including an insurance carrier, making the payment or settlement. This paragraph (g)(4) does not apply to periodic workers’ compensation payments from which child support is paid by income attachment under § 513(b) of this title.

(5) Notwithstanding the provision of §§ 4733 and 4735 of Title 10 to the contrary, cause a lien for arrears or retroactive support to be perfected against real property by filing a child support lien notice with the Prothonotary in the county where the lien is sought to be filed. Upon the filing of the child support lien notice, the Prothonotary shall date and index the child support lien as a judgment and mail the obligor a copy of the notice by certified or registered mail. The filing of the child support lien notice constitutes notice to all persons who are charged with notice of matters filed with the Prothonotary.

(6) Cause a lien for arrears or retroactive support to be perfected against accounts held by a financial institution by serving a notice of child support lien and notice of levy on said institution. Within 20 days after the date it receives the notice, the institution shall satisfy the lien by paying the amount of the lien to the Director of the Division of Child Support Services, as payee of the child support order, with any goods, chattels, rights, credits, money, or effects of the obligor in the institution’s custody, possession, or control.

(7) Cause a lien for arrears or retroactive support to be perfected against designated nonexempt personal property of the obligor by filing a child support lien notice with the Prothonotary. The child support lien notice must describe the designated personal property against which it is perfected. Personal property subject to the child support lien includes lump sum payments from a state or local agency, including unemployment compensation and other benefits, and public and private retirement funds, subject to § 514 of the Retirement Income Security Act of 1974 [29 U.S.C. § 1144].

(h) For the purposes of this section, a child support lien notice must contain all of the following:

(1) The docket number or case number and identity of the court or administrative agency that entered the child support order.

(2) The name, address and, if known, the social security number of the obligor.

(3) The name and address of the obligee, unless protected from disclosure by a court or administrative order or finding.

(4) The amount of arrears or retroactive support as of a specified date.

(5) The name, address, and phone number of the public entity or individual to contact for the obligor’s current payment record and past-due arrearage.

(6) The name and address of the person or agency to whom the payment of arrears and retroactive support must be made.

(i) The Division of Child Support Services shall send timely written notice to the obligor of action taken to perfect a child support lien, execute a levy, or seize the property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied upon or seized and the time period within which to respond to such notice, and shall include the name of the court or administrative agency which entered the child support order.

(1) The obligor may request an administrative review by filing a written request with the Division of Child Support Services within 20 days from the date the notice of child support lien was mailed. If the obligor files a timely written request for an administrative review, the Division shall conduct the review within a reasonable time of such request and shall not dispose of the subject property before the review is complete. The only issues to be addressed at the review hearing are whether the obligor is the person named in the child support order from which the lien arises and whether any child support payment or installment is past due. The records of the Division of Child Support Services shall be presumptive of the amount in arrears and of the obligor’s payment history. Except as otherwise provided herein, all hearings under this section shall be in accordance with the provision of the Administrative Procedures Act, Chapter 101 of Title 29.

(2) The obligor may appeal a decision entered after an administrative hearing under this section to the Family Court. The appeal shall be filed within 30 days of the day the notice of decision was mailed. The appeal shall a de novo review by to the Family Court and shall be as provided in §§ 10102(4) and 10142 through 10145 of Title 29.

(j) The records of the Division of Child Support Services, including records transmitted electronically, are presumptive evidence of the amount of any lien for arrears or retroactive support. Any person, firm, or corporation, including an insurance carrier or a financial institution, who has received notice of any child support lien shall determine from the Division of Child Support Services the amount of unpaid arrears or retroactive support owed by the obligor as of the date such party makes any payment to which a lien under this section attaches.

(k) The Division of Child Support Services may file notice of a lien or release of a lien or may transmit accounting information regarding an obligor’s arrears and retroactive support by any means, including electronic means.

(l) Except as provided in paragraph (l)(2) of this section, a child support lien expires upon the termination of a current child support obligation and payment in full of any arrears and retroactive support, or upon release of the lien by the Division of Child Support Services in the case of an order being enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), or by the obligee in a non-IV-D case.

(1) When all arrears and retroactive child support have been paid in full, the Division of Child Support Services, or the obligee in a non-IV-D case, shall enter satisfaction of such lien or judgment on the record in the office where the same is entered.

(2) The duration of a child support lien is 10 years from the date on which the notice of lien is properly served on the holder of property; provided, however, that such lien may be renewed for another 10 years by complying with § 4711 of Title 10. Expiration of the child support lien does not terminate the underlying child support order or judgment or liquidate any past due support or retroactive support.

(m) In any case where there has been a refusal or neglect to pay child support, regardless of whether a levy has been made, the Division of Child Support Services, in addition to any other remedies, may file a civil action to enforce the child support lien. The filing of a civil action shall not preclude the Division of Child Support Services from enforcing the child support order through the use of any administrative procedures permitted by federal or state law.

(n) The remedies provided in this section are in addition to any other remedies for the enforcement of a support order.

(o) In the case of a motor vehicle, a child support lien does not attach until the lien is noted on the certificate of title for such vehicle.
13 Del. C. § 118 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 118
§ Â
        118. Failure to return certificate of marriage to clerk of the peace for recording; penalty.
Status: in_force

(a) Any person officiating a marriage in this State who fails to return the certificate of marriage to the issuing clerk of the peace for recording within 15 days of the marriage ceremony shall be assessed a $50 late fee by the issuing clerk of the peace.

(b) Any person with an unpaid civil penalty assessed by a clerk of the peace shall have that person’s authorization to solemnize marriages in the State suspended until such penalty is paid in full.
13 Del. C. § 207 — Delaware Code / Title 13 / Chapter 2 / Section 207
§ Â
        207. Application for license for persons who wish to enter into a civil union.
Status: in_force

(a) Before any civil union license shall be issued by the issuing officer, the parties desiring to enter into a civil union shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed by subsections (b), (c) and (d) of this section to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed civil union exists. In the case of critical illness of 1 of the parties desiring to enter into a civil union, the physician attending such party may appear for the ill party and make an application for a civil union license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully enter into a civil union. The application for the civil union license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.

(b) The civil union license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The civil union license application shall include the following information and such other information as prescribed by the Department of Health and Social Services; provided that such other information is also required for marriage license applications under Chapter 1 of this title: date of application; full name, sex, race, Social Security number, birth date and occupation of applicants; names and addresses of parents of applicants; date and place of previous civil unions, domestic partnerships or marriages and termination of previous civil unions, domestic partnerships or marriages; place and court where applicants are on probation or parole, if such they be; and time of application.

(c) The application shall contain a certification by each applicant that each applicant is not of a prohibited degree of relationship.

(d) The applicants and issuing officer shall sign the application and the issuing officer shall certify as follows:

“I believe neither party is now under the influence of intoxicating liquor nor a narcotic drug. I have demanded and examined such papers as required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed civil union of the above applicants.”

The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such a certification is required.

(e) In the case of applicants for a civil union license who claim to be residents of this State, if neither of them is personally known to the civil union license issuing officer as a resident of this State, at least 1 of such applicants must be identified as a resident of this State to the satisfaction of the issuing officer by a reputable guarantor, who under oath shall fill in the proper portion on the page in the Civil Union Record Books and shall duly sign it.

(f) Every person authorized by this chapter to issue civil union licenses may administer oaths or affirmations to the parties applying for the license.

(g) Civil union licenses, and other forms and books used in connection with the issuance of civil union licenses shall be furnished by the Department of Health and Social Services on request of the clerks of the peace. Each page of the Civil Union Record Books for the use of the clerks of the peace shall be numbered serially before delivery to the clerks of the peace.

(h) Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons, past or present patients of insane asylums, persons on probation or parole and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for civil union license, but shall be open to inspection of the public only upon order of the resident judge of the proper county or such person as the judge may appoint to give such orders.

(i) Judges shall supply certificates in whatever form they see fit to such divorced persons as they believe should receive them under this chapter.

(j) Superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under this chapter.

(k) In the case of any adult person who is on probation or parole from any court or institution, the chief officer of such court or institution, or such person as such officer may appoint to give consent to enter into a civil union, shall supply such consent in whatever form such officer deems advisable to such applicants for civil union license as such officer believes may properly enter into a civil union.
13 Del. C. § 106 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 106
§ Â
        106. Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.
Status: in_force

(a) (1) For purposes of this subsection, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chief executive officer” means the president of the legislative body of the incorporated municipality. If an incorporated municipality does not have a mayor or a president of the legislative body, then “chief executive officer” means the presiding officer of the legislative body of the incorporated municipality.

(2) The following individuals over 18 years of age may solemnize a marriage between individuals who may lawfully enter into the matrimonial relation:

a. A clergyperson or minister of any religion who resides in the State, provided such clergyperson or minister is registered with the Clerk of the Peace in the county where such clergyperson or minister resides.

b. A clergyperson or minister of any religion who does not reside in the State, provided such clergyperson or minister is registered with the Clerk of the Peace in the county where the marriage ceremony is to be performed.

c. A current or former judge of this State’s Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, or Justice of the Peace Court.

d. A current or former federal judge or magistrate with jurisdiction over this State.

e. A current or former Clerk of the Peace of a county of this State, within the county in which the Clerk holds or held that office.

f. The chief executive officer of an incorporated municipality of this State, within the corporate limits of that municipality.

(3) For good cause being shown, the Clerk of the Peace for the county in which a marriage is to be performed may allow by written authorization all of the following to solemnize a marriage between individuals who may lawfully enter into the matrimonial relation:

a. A current or former judge of another state’s judiciary.

b. A current or former federal judge or magistrate with jurisdiction over a state other than this State.

c. A current Clerk of the Peace from another county within this State.

(4) Marriages shall be solemnized in the presence of at least 2 reputable witnesses who are at least 18 years of age and who shall sign the certificate of marriage as prescribed by this chapter. Marriages may be solemnized or contracted according to the forms and usages of any religious society or in an entirely secular manner. No marriage shall be solemnized or contracted without the production of a license issued pursuant to this chapter.

(b) The Clerk of the Peace in each county shall maintain an online registry through which clergypersons or ministers of any religion must register.

(1) Upon registering, registrants shall receive a registration card online bearing the registrant’s personal registration number. That registration number must be entered on the certificate of marriage of each marriage ceremony performed by the registrant.

(2) Once registered with a Clerk of the Peace in any county, a registrant’s name will be added to a statewide registry accessible to the public online.

(3) Once registered with a Clerk of the Peace in any county, a registrant will be authorized to solemnize marriages statewide.

(c) Any clergyperson or minister who, while not registered in accordance with this section, solemnizes a marriage shall be subject to a noncriminal penalty imposed by the Clerk of the Peace in the county where the marriage was performed, which shall include suspension or revocation of authorization to solemnize further marriages in the State.

(d) In the case of absence or disability of the duly elected Clerk of the Peace, the chief deputy or, if there is no chief deputy, a deputy or acting deputy employed in the office of and appointed by the Clerk of the Peace, shall be authorized to solemnize marriages.

(e) Whoever, not being authorized by this section, solemnizes a marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days, and such marriage shall be void, unless it is in other respects lawful and is consummated with the full belief of either of the parties in its validity.

(f) Other than as provided in this subsection, nothing in this section shall be construed to require any individual, including any clergyperson or minister of any religion, authorized to solemnize a marriage to solemnize any marriage, and no such authorized individual who fails or refuses for any reason to solemnize a marriage shall be subject to any fine or other penalty for such failure or refusal. Notwithstanding the preceding sentence, a Clerk of the Peace who issues a marriage license, or a deputy thereof, shall be required to perform a solemnization of such marriage if requested by the applicants for such license.
13 Del. C. § 1110 — Delaware Code / Title 13 / Chapter 11 / Section 1110
§ Â
        1110. Appeals.
Status: in_force

Each party may, at any time within 30 days after the issuance of the written order, take an appeal therefrom to the Supreme Court.
13 Del. C. § 926 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 926
§ Â
        926. Receiving child into State for adoption.
Status: in_force

No child shall be brought or received into the State for the purpose of adoption without the approval of the Department, pursuant to § 381 of Title 31. No petition for adoption of a child brought or received into this State in violation of this section shall be presented or granted.
13 Del. C. § 1521 — Delaware Code / Title 13 / Chapter 15 / Section 1521
§ Â
        1521. Decrees of courts of other states and countries.
Status: in_force

Full faith and credit shall be given in all the courts of this State to a decree of divorce or annulment of marriage by a court of competent jurisdiction in another state, territory or possession of the United States. Nothing herein contained shall be construed to limit the power of any court of this State to give such effect to a decree of divorce or annulment by a court of a foreign country as may be justified by the rules of international comity.
13 Del. C. § 6-707 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-707
§ Â
        6-707. Contest of registered Convention support order.
Status: in_force

(a) Except as otherwise provided in this chapter, §§ 6-605 through 6-608 of this title apply to a contest of a registered Convention support order.

(b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b) of this section, the order is enforceable.

(d) A contest of a registered Convention support order may be based only on grounds set forth in § 6-708 of this title. The contesting party bears the burden of proof.

(e) In a contest of a registered Convention support order, a tribunal of this State:

(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) May not review the merits of the order.

(f) A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
13 Del. C. § 725A — Delaware Code / Title 13 / Chapter 7A / Subchapter II / Section 725A
§ Â
        725A. Findings.
Status: in_force

Should the court grant custody, residential responsibilities or visitation to a sex offender under this subchapter, the court shall make specific written findings in support of its decision, including any limitations or requirements for further counseling, services or other safeguards necessary to ensure the safety and best interests of the child continue to be served.
13 Del. C. § 1116 — Delaware Code / Title 13 / Chapter 11 / Section 1116
§ Â
        1116. Reinstatement of parental rights.
Status: in_force

(a) A petition for reinstatement of parental rights may be filed in Court on behalf of a child if all of the following conditions are met:

(1) The child is at least 14 years old when the petition is filed.

(2) Parental rights in the child are vested in DSCYF when the petition is filed, regardless of the date parental rights were terminated.

(3) The child is in DSCYF custody under Chapter 25 of this title when the petition is filed.

(4) Adoption of the child is not possible or appropriate.

(5) The child consents to the reinstatement.

(6) The parent who is subject to the reinstatement consents.

(7) At least 2 years have elapsed since the final termination of parental rights order or the child is 17 years old.

(b) The Court retains jurisdiction to reinstate parental rights in a case in which the Court previously terminated parental rights. A petition for reinstatement must be filed in the county in which the child’s DSCYF custody case is heard.

(c) The child, the child’s attorney, or DSCYF may file a petition for reinstatement of parental rights against 1 or both parents.

(d) Notice and service of the petition must be completed under § 3103 of Title 10 and Court rules.

(e) (1) If the factors under subsection (a) of this section are met, the Court shall hold a hearing on the petition for reinstatement of parental rights.

(2) The Court may grant a petition under this section if it finds by clear and convincing evidence that reinstatement is in the best interest of the child.

(f) A petition granted under this section does not affect the validity of the underlying order terminating parental rights.

(g) A parent whose rights are reinstated under this section is not liable for child support for the time period during which the parent’s parental rights were terminated.

(h) A cause of action concerning the original termination of parental rights may not be brought against DSCYF, a licensed agency, or another party. Upon the Court’s issuance of a final order reinstating parental rights, all of the rights, duties, privileges, and obligations recognized by law between parent and child are reinstated, including rights of inheritance.
13 Del. C. § 2406 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2406
§ Â
        2406. Confidentiality of proceedings.
Status: in_force

All proceedings under this chapter and all records of such proceedings shall be held before the Court privately, except for reasons found sufficient to the Court, a hearing in any particular case may be made open to the public.
13 Del. C. § 218 — Delaware Code / Title 13 / Chapter 2 / Section 218
§ Â
        218. Conversion of civil unions to marriages.
Status: in_force

(a) Notwithstanding the provisions of this chapter, no civil union licenses shall be issued, no persons shall be eligible to enter into new civil unions, and no new civil unions shall be solemnized, on or after July 1, 2013.

(b) Notwithstanding any provision of Chapter 1 of this title, on or after July 1, 2013, and prior to July 1, 2014, both parties to a civil union entered into pursuant to this chapter may apply to the clerk of the peace in the county in which their civil union license was issued, for a marriage license, in accordance with procedures established by such clerk of the peace, to have their civil union legally converted to a marriage by operation of law without requirement of solemnization, provided that such civil union has not been previously dissolved or annulled and is not subject to a pending proceeding for dissolution, annulment or legal separation. Upon application for a marriage license in accordance with such procedures, such parties shall be issued a certificate of marriage and the civil union of such parties shall be converted to a marriage by operation of law. For all purposes of the laws of this State, the effective date of such marriage shall be deemed to be the date of solemnization of such original civil union.

Alternatively, on or after July 1, 2013, and prior to July 1, 2014, both parties to a civil union entered into pursuant to this chapter may apply to the clerk of the peace, in the county in which their civil union license was issued, for a marriage license pursuant to Chapter 1 of this title and such parties may have such marriage solemnized, prior to July 1, 2014, pursuant to Chapter 1 of this title, provided that such persons are otherwise eligible to marry under § 101 of this title, such civil union has not been previously dissolved or annulled, and such civil union is not subject to a pending proceeding for dissolution, annulment or legal separation. Upon the solemnization of such marriage, the civil union of such parties shall be converted at such time to a marriage by operation of law. For all purposes of the laws of this State, the effective date of such marriage shall be deemed to be the date of solemnization of such original civil union.

(c) Subject to subsection (d) of this section, on July 1, 2014, 2 persons who are parties to a civil union entered into pursuant to this chapter, which civil union has not been converted to a marriage pursuant to subsection (b) of this section, shall be deemed married under Chapter 1 of this title and such civil union shall be automatically converted to a marriage by operation of law. Upon application by either party to the clerk of the peace of the county in which their civil union license was issued, in accordance with procedures established by such clerk of the peace, such party shall be issued a certificate of marriage, without any requirement for solemnization of such marriage. For all purposes of the laws of this State, the effective date of such marriage shall be deemed to be the date of solemnization of such original civil union.

(d) Notwithstanding subsection (c) of this section, parties to a civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on July 1, 2014, shall not be deemed to be married on such date and their civil union shall not be converted to a marriage by operation of law pursuant to subsection (c) of this section, and such civil union shall continue to be governed by the provisions of Chapter 2 of this title and the laws relating to civil unions in effect prior to July 1, 2013; provided, however, that if any such proceeding is terminated without resulting in the dissolution or annulment of the civil union and the parties remain in a civil union, such civil union shall be automatically converted to a marriage by operation of law. Upon application by either party to the clerk of the peace of the county in which their civil union license was issued, in accordance with procedures established by such clerk of the peace, such party shall be issued a certificate of marriage, without requirement of solemnization of such marriage. For all purposes of the laws of this State, the effective date of such marriage shall be deemed to be the date of solemnization of such original civil union.

(e) For purposes of determining the legal rights and responsibilities of parties to a civil union entered into in this State that has been converted to a marriage under this chapter, the date of the solemnization of the original civil union shall be the date by which the origination of legal rights and responsibilities are determined.
13 Del. C. § 708 — Delaware Code / Title 13 / Chapter 7 / Subchapter I / Section 708
§ Â
        708. Affidavit of Establishment of Power to Consent to Medical Treatment of Minors.
Status: in_force

(a) There is created an Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minors. The affidavit shall include, at a minimum, the name and date of birth of the minor; a statement signed by the caregiver that the caregiver is 18 years of age or older and that the minor resides with the caregiver; the names and signatures of the parents, legal custodian or guardian of the minor indicating their approval of the caregiver’s power or, if a parent, custodian or guardian of the minor is unavailable, a statement of reasonable effort made by the caregiver to locate the parent, custodian or guardian based on criteria set forth in the regulations; the name of the caregiver; relationship of the caregiver to the minor documented by proof as defined by regulation; and the dated signature of the caregiver. The signature of the caregiver shall be notarized.

(b) The affidavit is valid for 1 year unless the minor no longer resides in the caregiver’s home or a parent, custodian or guardian revokes the approval. If a parent, custodian or guardian revokes approval, the caregiver shall notify any health care provider or health service plans with which the minor has been involved through the caregiver.

(c) A caregiver must present a completed Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minor when seeking medical treatment for a minor.

(d) The decision of a relative caregiver to consent to or to refuse medical treatment for a minor shall be superseded by a decision of a parent, legal custodian or guardian of the minor.

(e) No person who relies in good faith upon a fully executed Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minors in providing medical treatment shall be subject to criminal or civil liability or to professional disciplinary action because of the reliance. This immunity applies even if medical treatment is provided to a minor in contravention of a decision of a parent, legal custodian or guardian of the minor who signed the affidavit if the person providing care has no actual knowledge of the decision of the parent, or legal custodian or guardian.

(f) The decision of a relative caregiver, based upon an Affidavit of Establishment Power to Relative Caregivers to Consent to Medical Treatment of Minors, shall be honored by a health care facility or practitioner unless the health care facility or practitioner has actual knowledge that a parent, legal custodian or guardian of a minor has made a contravening decision to consent to or to refuse medical treatment for the minor.

(g) A person who knowingly makes a false statement in an affidavit under this section shall be subject to a civil penalty of $1,000 per child. Justices of the peace shall have jurisdiction of these cases.

(h) The Department of Health and Social Services is authorized to promulgate regulations to implement this section.
13 Del. C. § 2104 — Delaware Code / Title 13 / Chapter 21 / Section 2104
§ Â
        2104. Meetings; quorum; officers; committees; procedure.
Status: repealed

(a) The Council shall meet at least 4 times per year. Seven members shall constitute a quorum.

(b) The Chairperson shall have the duty to convene and preside over meetings of the Council and prepare an agenda for meetings.

(c) The Chief Judge of the Family Court shall convene the initial meeting of the Council.

(d) At the initial meeting of the Council a Chairperson and Vice Chairperson shall be elected by the Council members. Thereafter, the Council shall elect a Chairperson and Vice Chairperson biennially, at the first meeting of the calendar year in odd-numbered years, to serve a 2-year term. The Vice Chairperson’s duty shall be to act as chairperson in the absence of the Chairperson.

(e) The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations and developing implementation plans to achieve the purposes of the Council.

(f) The Council shall promulgate rules of procedure governing its operations, provided that they are in accordance with Chapters 100 and 101 of Title 29.

(1), (2) [Repealed.]

(g) The Council shall submit a written report of its activities and recommendations to the Governor, General Assembly and the Chief Justice of the Supreme Court at least once every year on or before October 15.
13 Del. C. § 8-601 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-601
§ Â
        8-601. Proceeding authorized.
Status: in_force

A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Family Court Rules of Civil Procedure.
13 Del. C. § 6-709 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-709
§ Â
        6-709. Partial enforcement.
Status: in_force

If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
13 Del. C. § 6-205 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-205
§ Â
        6-205. Continuing, exclusive jurisdiction to modify child-support order.
Status: in_force

(a) A tribunal of this State that has issued a child-support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and:

(1) At the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) Even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.

(b) A tribunal of this State that has issued a child-support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) All of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) Its order is not the controlling order.

(c) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child-support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
13 Del. C. § 508 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 508
§ Â
        508. Jurisdiction in Family Court; enforcement of support orders entered by Superior Court.
Status: in_force

The Family Court of this State has the power to enforce any support order entered by the Superior Court pursuant to Chapter 15 of this title and to modify or terminate the support obligation decreed by any such order within the following limitations:

(1) Where a divorce decree has been entered by the Superior Court and, under the terms of such decree, the petitioner therein (respondent herein) has been ordered to make periodic support payments to the respondent therein (petitioner herein), a proceeding may be brought in the Family Court under this section for the enforcement of any such order and for the modification or termination of the support obligation decreed thereby;

(2) Proceedings shall be brought in the county wherein respondent resides or is found or in the county wherein petitioner resides if respondent does not reside or cannot be found in this State;

(3) Proceedings shall be instituted by petition. The petition shall be verified and shall state the name and, so far as is known to the petitioner, the address and circumstances of the respondent, shall identify the divorce decree, shall include as an exhibit thereto a certified copy of such decree and shall state any other pertinent information and the relief prayed for. A minor shall be represented by a guardian ad litem;

(4) The Family Court, after a hearing, may enter 1 or more of the following orders appropriate under the actual circumstances:

a. An order requiring respondent to comply with the support obligation specified in the Superior Court decree;

b. An order requiring respondent to comply with the support order set forth in the Superior Court decree as modified by the Family Court;

c. An order terminating the support obligation set forth in the Superior Court decree;

d. An order dismissing the petition;

e. An order cancelling or reducing support arrearages;

f. An order taxing the costs and reasonable attorneys’ fees incurred in these proceedings against respondent or petitioner;

g. An order requiring respondent to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the Family Court may deem proper to assure payment of any amount required to be paid by respondent;

h. An order requiring respondent to make payments at specified intervals to the Family Court and to report personally to the Family Court at such times as may be deemed necessary; or

i. An order punishing respondent, who shall violate any order of the Family Court, to the same extent as is provided for by law for contempt of the Court in any other suit or proceeding cognizable by the Court;

(5) Participation in any proceedings under this section shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding.
13 Del. C. § 109 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 109
§ Â
        109. Licenses issued by the clerk of the peace.
Status: in_force

The several clerks of the peace of the various counties or their deputies, also known as the Marriage Bureau, shall issue all marriage licenses and shall sign them and affix the county seal thereto.
13 Del. C. § 8-403 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-403
§ Â
        8-403. Notice of proceeding.
Status: in_force

Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to a registrant who has timely registered. Notice must be given in a manner prescribed for service of process in a civil action.
13 Del. C. § 6-713 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-713
§ Â
        6-713. Record in original language; English translation.
Status: in_force

A record filed with a tribunal of this State under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.
13 Del. C. § 502 — Delaware Code / Title 13 / Chapter 5 / Subchapter I / Section 502
§ Â
        502. Duty to support spouse.
Status: in_force

The duty to support a spouse rests upon the other spouse.
13 Del. C. § 2355 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2355
§ Â
        2355. Permanent guardianship hearing procedures and notice requirements.
Status: in_force

The provisions of § 1107 of this title shall apply to hearings on permanent guardianship petitions, with references to termination of parental rights being replaced by reference to permanent guardianship where appropriate.
13 Del. C. § 954 — Delaware Code / Title 13 / Chapter 9 / Subchapter II / Section 954
§ Â
        954. Effect of adoption.
Status: in_force

Upon the issuance of the decree of adoption and forever thereafter, all the duties, rights, privileges and obligations recognized by law between parent and child shall exist between the petitioner or petitioners and the person or persons adopted, as fully and to all intents and purposes as if such person or persons were the lawful and natural offspring or issue of the petitioner or petitioners.
13 Del. C. § 6-210 — Delaware Code / Title 13 / Chapter 6 / Subchapter II / Section 6-210
§ Â
        6-210. Application of this chapter to nonresident subject to personal jurisdiction.
Status: in_force

A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this State relating to a support order, or recognizing a foreign support order may receive evidence from outside this State pursuant to § 6-316 of this title, communicate with a tribunal outside this State pursuant to § 6-317 of this title, and obtain discovery through a tribunal outside this State pursuant to § 6-318 of this title. In all other respects subchapters III through VI of this chapter do not apply and the tribunal shall apply the procedural and substantive law of this State.
13 Del. C. § 8-611 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-611
§ Â
        8-611. Proceeding before birth.
Status: in_force

(a) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child.

(b) But if a child was conceived through assisted reproduction, an order or judgment may be entered before the birth of the resulting child to establish a parent child relationship, as long as enforcement of the order or judgment shall be stayed until the birth of the child. Such an order shall be sought by filing a petition setting forth the name(s) and address(es) of the intended parent(s), the gestational carrier, if there is one, and her spouse, if there is one, and appending affidavits which:

(1) Attest that the pregnancy resulted through means other than sexual intercourse verified by the participating health care provider;

(2) Acknowledge parentage verified by the parent or parents; and

(3) In cases involving a gestational carrier only,

(i) Acknowledge nonparentage verified by the gestational carrier and her spouse, if there is one; and

(ii) Attest to the gestational carrier agreement signed by all the parties in accordance with § 8-807 of this title.

(c) Except in circumstances outlined in subsection (b) of this section, the following actions may be taken before the birth of any child:

(1) Service of process;

(2) Discovery; and

(3) Except as prohibited by § 8-502 of this title, collection of specimens for genetic testing.
13 Del. C. § 110 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 110
§ Â
        110. Limitations on issuance of license.
Status: in_force

No marriage license shall be issued by a clerk of the peace when either of the parties applying for license to marry, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the marriage of such parties.
13 Del. C. § 725 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 725
§ Â
        725. Investigations and reports.
Status: repealed

Repealed by 74 Del. Laws, c. 200, § 1, effective Jan. 28, 2004.
13 Del. C. § 2521 — Delaware Code / Title 13 / Chapter 25 / Subchapter III / Section 2521
§ Â
        2521. Powers and duties of the DSCYF as custodian of the child.
Status: in_force

Upon the Court granting custody to DSCYF, DSCYF shall be vested with the following powers and duties:

(1) To provide for appropriate placement of the child, within or outside of this State, unless otherwise ordered by Court or controlled by statute, with reasonable notice prior to any change in placement given to the child’s attorney and Court Appointed Special Advocate volunteer.

(2) To consent to medical care for the child, including medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization, except as provided in § 5003(f) of Title 16. DSCYF shall make reasonable efforts to obtain the consent of the parent, and to notify the child’s attorney and Court Appointed Special Advocate volunteer, prior to obtaining medical care.

(3) To continue the child in the child’s school of origin, or when not feasible or not in the child’s best interests, to immediately enroll the child in school pursuant to § 202 of Title 14. The Court shall determine if the school placement is in the child’s best interest.

(4) To consent to educational decisions, subject to applicable state and federal law, including disciplinary proceedings and consequences, and academic needs; and to request the appointment of an education decision maker under § 930 of Title 10 or an educational surrogate parent under § 3132 of Title 14 when appropriate. DSCYF shall make reasonable efforts to obtain the consent of the parent, and to notify the child’s attorney and Court Appointed Special Advocate volunteer, prior to making any educational decisions on behalf of the child.

(5) To request a credit report for the child annually after the child reaches the age of 14 years old and to inspect the credit report for any potential identity theft as described in § 854 of Title 11, and, from ages 18 through 23, to assist the youth who was previously in DSCYF’s custody and continues to receive transitional and independent living services through a DSCYF-contracted provider in reviewing and repairing the youth’s credit.

(6) To ensure, consistent with DSCYF case and placement planning responsibilities under federal and state law, that the child’s service plan provides the opportunity to participate in age-appropriate or developmentally-appropriate activities and experiences to promote healthy child and adolescent development.

(7) To ensure standards and policies are in place, consistent with the reasonable and prudent parent standard.

(8) To provide training and monitoring to all caregivers, regardless of whether they are required to meet the DSCYF licensing requirements, on the reasonable and prudent parent standard. Training on the reasonable and prudent parent standard shall include parenting skills for children who have experienced trauma, healthy sexual development, and implementing the standard for children with special needs. Such training shall be provided annually to all licensed caregivers, and upon placement, to all nonlicensed caregivers.

(9) To provide each child in DSCYF custody with new luggage for the child to use for the transportation of personal belongings when the child is entering DSCYF custody, moving from 1 foster care placement to another, or exiting foster care. DSCYF is not required to provide new luggage to a child who has already been provided with and remains in possession of new luggage provided by DSCYF.

a. For purposes of this paragraph, “new luggage” means a suitcase, duffel bag, backpack, or similar container that is designed to hold an individual’s personal belongings and has not been previously used. Under no circumstance does “new luggage” include a disposable bag or trash bag.

b. The Department must establish and maintain a supply of new luggage to be used to transport the personal belongings of children in DSCYF custody and develop procedures for the storage and distribution of new luggage intended for children in custody.

c. When providing new luggage to a child in DSCYF custody, DSCYF must take into account the child’s age, mobility, personal items to be transported, and preferences.

d. DSCYF may not use or require a child to use disposable bags or trash bags to transport any personal items while in DSCYF custody.

e. DSCYF may solicit and accept gifts, grants, and donations of any kind and from any source to carry out the provisions of this subsection.

f. On or before December 1 of each year, DSCYF must submit a report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Director and Librarian of the Division of Legislative Services, containing a description of the current supply of new luggage and inventory management procedures for the new luggage supply maintained under this subsection.

(10) To maintain any other powers and duties as conferred by statute in the Delaware Code.
13 Del. C. § 125 — Delaware Code / Title 13 / Chapter 1 / Subchapter I / Section 125
§ Â
        125. Validity of marriages performed prior to March 20, 1913.
Status: in_force

All marriages performed prior to March 20, 1913, by a minister of any religion, even though not a stated and ordained minister of the gospel, if otherwise valid, shall be as valid as if the same had been performed by a stated and ordained minister of the gospel.
13 Del. C. § 723 — Delaware Code / Title 13 / Chapter 7 / Subchapter II / Section 723
§ Â
        723. Temporary orders.
Status: in_force

(a) A party to a custody or visitation proceeding may move for a temporary custody or visitation order. An application for temporary custody or visitation shall be accompanied by an affidavit setting forth the factual basis for the motion or application with particularity. The Court may issue a temporary custody or visitation order without requiring notice to the other party and without a hearing only if it finds on the basis of the affidavit or other evidence that irreparable harm may result to the minor child if such an order is not issued without notice to the other interested parties or any opportunity by them to be heard. In the event such an order is entered, a copy of the order shall be served upon all other interested parties as soon as practicable and they shall have an opportunity to be heard in opposition to the application as soon as practicable.

(b) If a custody and/or visitation proceeding commenced in the absence of a petition for divorce or annulment is dismissed, any temporary custody or visitation order shall be vacated.
13 Del. C. § 1105 — Delaware Code / Title 13 / Chapter 11 / Section 1105
§ Â
        1105. Contents of petition.
Status: in_force

(a) A petition for the termination of parental rights must state all of the following:

(1) The petitioner’s name and address.

(2) The child’s name, date of birth, and place of birth.

(3) The petitioner’s relationship to the child or the fact that no relationship exists.

(4) The name and address of each parent or presumed father, or name and address of the organization holding parental rights.

(5) a. If the name and address of the father is not provided under paragraph (a)(4) of this section, a statement with an affidavit from the petitioner must be attached to the petition, stating at least 1 of the following:

1. The mother knows the name of the father but is unwilling to disclose the father’s name.

2. The mother does not know the father’s name.

3. The mother knows the father’s name and has provided it, but the mother has never known the father’s address.

4. The mother’s husband when the child was conceived or born, if any, is not the child’s father.

b. If the mother is unavailable or refuses to provide the information required under paragraph (a)(5)a. of this section, the petition must include as much information that is required under paragraph (a)(5)a. of this section as the petitioner knows.

c. If the name or address of a parent is omitted, the petition must include detailed information on the efforts made to locate the missing name or address. The information must include a statement that the petitioner has inquired to determine if either of the following apply to the individual who gave birth to the child:

1. The individual was married at or after the probable time of the child’s conception.

2. The individual named a father on the child’s birth certificate.

(6) The name and address of the person or organization having the care, control, or custody of the child.

(7) The ground for termination of parental rights.

(8) If the child’s parent, guardian, permanent guardian, or relative petitions under § 1103(a)(6) of this title, a detailed statement of why the child would be a dependent child or neglected child in the respondent’s care.

(9) If a petition is filed under § 1103(b) of this title, a detailed statement of the serious physical or emotional harm to the child.

(10) The name and address of the person, DSCYF, or licensed agency to which parental rights are requested to be transferred.

(11) If DSCYF is the petitioner and requesting that both parents’ rights be terminated, a statement that the petitioner has explored the possibility of placing the child with relatives and the results of those efforts.

(12) A statement outlining other placement efforts, if any.

(b) An executed consent or written certification under § 1106 of this title or a waiver of notice under § 1106A of this title must accompany the petition as an exhibit.

(c) If DSCYF or a licensed agency is a party to a petition filed under § 1103(a)(1) of this title and each respondent has waived that respondent’s right to notice under § 1106A of this title, the petition must be accompanied by a social report prepared under § 1107 of this title.

(d) A petition under this chapter must be accompanied by a notarized written consent executed by the person or organization to which parental rights are requested to be transferred, indicating that the person or organization agrees to accept parental rights over the child until an adoption is finalized, unless the petition is filed under § 1103(b) of this title.

(e) A petition under this chapter in which DSCYF or a licensed agency is not a party must be accompanied by a petition for adoption, unless the petition is filed under § 1103(b) of this title.
13 Del. C. § 8-306 — Delaware Code / Title 13 / Chapter 8 / Subchapter III / Section 8-306
§ Â
        8-306. No filing fee.
Status: in_force

The Office of Vital Statistics may not charge for filing an acknowledgment of paternity or denial of paternity.
13 Del. C. § 6-301 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-301
§ Â
        6-301. Proceedings under this chapter.
Status: in_force

(a) Except as otherwise provided in this chapter, the provisions of this subchapter apply to all proceedings under this chapter.

(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
13 Del. C. § 8-902 — Delaware Code / Title 13 / Chapter 8 / Subchapter IX / Section 8-902
§ Â
        8-902. Severability clause.
Status: in_force

If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
13 Del. C. § 6-704 — Delaware Code / Title 13 / Chapter 6 / Subchapter VII / Section 6-704
§ Â
        6-704. Initiation by Division of Child Support Services of support proceeding under Convention.
Status: in_force

(a) In a support proceeding under this subchapter, the Division of Child Support Services of this State shall:

(1) Transmit and receive applications; and

(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.

(b) The following support proceedings are available to an obligee under the Convention:

(1) Recognition or recognition and enforcement of a foreign support order;

(2) Enforcement of a support order issued or recognized in this State;

(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4) Establishment of a support order if recognition of a foreign support order is refused under § 6-708(b)(2), (4), or (9) of this title;

(5) Modification of a support order of a tribunal of this State; and

(6) Modification of a support order of a tribunal of another state or a foreign country.

(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;

(2) Modification of a support order of a tribunal of this State; and

(3) Modification of a support order of a tribunal of another state or a foreign country.

(d) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
13 Del. C. § 404 — Delaware Code / Title 13 / Chapter 4 / Section 404
§ Â
        404. Notice of proposed income withholding to obligor.
Status: in_force

(a) Upon the commencement of the income withholding, the obligor shall be notified that the withholding has commenced and of the procedures to follow if the obligor desires to contest such withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact. This notice shall be in conformity with that required under § 513(b)(2) of this title; provided, however, that the notice shall also advise the obligor that the income withholding was requested on the basis of a support order of another jurisdiction. The date of serving notice on the obligor shall be the basis for measuring time for the obligor to file an affidavit in opposition to the attachment and for holding a hearing and rendering a decision.

(b) Section 513(b)(3) of this title shall apply if the obligor seeks to contest the proposed income withholding; provided, however, that if a hearing is scheduled the Court shall immediately notify the requesting agency of the date, time and place of the hearing and of the obligee’s right to attend the hearing.
13 Del. C. § 1106A — Delaware Code / Title 13 / Chapter 11 / Section 1106A
§ Â
        1106A. Contents of consent to terminate and transfer parental rights.
Status: in_force

(a) A consent to terminate and transfer parental rights must contain all of the following:

(1) The date, place, and time of the execution of the consent.

(2) The name, date of birth, and current mailing address of the individual executing the consent.

(3) The date of birth and the name or pseudonym of the child.

(4) The name, address, and telephone number of the agency to which parental rights are being transferred.

(5) Information regarding the birth parent’s right to file a notarized statement under § 923(b) of this title regarding the child’s access to identifying information regarding the birth parent, if the child is adopted.

(6) A statement that the individual executing the consent understands that after the consent is signed and confirmed under § 1106(d) and (e) of this title, it is final and may not be revoked or set aside unless the requirements under § 1106B(a) or (b) of this title have been met.

(7) A statement that the individual executing the consent understands that the termination will extinguish all of that individual’s parental rights and obligations with respect to the child, except for arrearages of child support.

(8) A statement that the individual executing the consent has received a copy of the consent.

(9) A statement that the individual executing the consent has not received or been promised money or anything of monetary value for the consent.

(b) A consent may contain 1 or more of the following statements:

(1) The consenting individual waives notice of a proceeding for termination of parental rights under § 1107A of this title.

(2) The consent may be revoked if at least 1 of the following occur:

a. Another consent is not executed within a specified period.

b. A court denies the termination of the other parent’s rights in the child.

c. Another condition occurs as agreed upon by each party.
13 Del. C. § 6-303 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-303
§ Â
        6-303. Application of law of State.
Status: in_force

Except as otherwise provided in this chapter, a responding tribunal of this State shall:

(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and

(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this State.
13 Del. C. § 8-622 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-622
§ Â
        8-622. Consequences of declining genetic testing.
Status: in_force

(a) An order for genetic testing is enforceable by contempt.

(b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.

(c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
13 Del. C. § 6-903 — Delaware Code / Title 13 / Chapter 6 / Subchapter IX / Section 6-903
§ Â
        6-903. Transitional provision.
Status: in_force

This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. Any determination of support or nonsupport made under the law of this State prior to July 1, 2015, remains in force and effect.
13 Del. C. § 8-502 — Delaware Code / Title 13 / Chapter 8 / Subchapter V / Section 8-502
§ Â
        8-502. Order for testing.
Status: in_force

(a) Except as otherwise provided in this subchapter and subchapter VII of this chapter, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:

(1) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or

(2) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.

(b) A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father.

(c) If a request for genetic testing of a child is made before birth, the court or support-enforcement agency may not order in-utero testing.

(d) If 2 or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
13 Del. C. § 2359 — Delaware Code / Title 13 / Chapter 23 / Subchapter V / Section 2359
§ Â
        2359. Termination, modification or rescission of permanent guardianship order.
Status: in_force

(a) Termination. — Except as otherwise specified in this chapter, permanent guardianship of a child terminates upon at least 1 of the following conditions:

(1) The permanent guardian’s death.

(2) Adoption of the child.

(3) The child reaches the age of majority.

(4) The Court otherwise orders termination of the permanent guardianship.

(b) Modification. — Except as otherwise specified in this chapter, an order of permanent guardianship may be modified regarding contact, visitation or sharing of information only upon finding both of the following:

(1) There has been a substantial change in material circumstances.

(2) Modification is in the best interests of the child.

(c) Rescission. — (1) An order of permanent guardianship may be rescinded only upon finding both of the following:

a. There has been a substantial change in material circumstances.

b. Rescission is in the best interests of the child.

(2) A parent may not petition the Court to rescind a permanent guardianship once granted under this chapter.

(3) Where the permanent guardianship is rescinded by the Court, custody of the child shall not automatically revert to the parent. At any subsequent hearing, the parent shall be considered with no greater priority than any other person or agency, and in entering any further order regarding the child the Court shall apply the best interests of the child standard.

(4) If the permanent guardianship is rescinded, and DSCYF held custody immediately prior to the entry of the order, custody shall revert to DSCYF.

(d) Upon a showing by affidavit of immediate harm to a child, the Court may do any of the following temporarily:

(1) Stay a permanent guardianship order on an ex parte basis pending a hearing and grant temporary custody of the child to DSCYF or temporary guardianship to petitioner.

(2) Stay the visitation, contact or information provisions of a permanent guardianship order on an ex parte basis pending a hearing.
13 Del. C. § 2220 — Delaware Code / Title 13 / Chapter 22 / Section 2220
§ Â
        2220. Definitions.
Status: in_force

Unless a different meaning is plainly required by the context, words and phrases used in this chapter shall have the same meaning as those defined in § 401(b) of this title.
13 Del. C. § 2407 — Delaware Code / Title 13 / Chapter 24 / Subchapter I / Section 2407
§ Â
        2407. Appeals.
Status: in_force

Appeal from any order or decree entered under this chapter shall lie to the state Supreme Court. No appeal shall lie from any order or decree under this chapter unless taken within 30 days from the date of such order or decree.
13 Del. C. § 932 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 932
§ Â
        932. Interpretation.
Status: in_force

This chapter is designed to achieve without undue delay the paramount objectives of the best interest of the child, and all questions of interpretation shall be resolved with that objective in mind. Where there appears to be a conflict between the best interest of the parent or parents and the child, the best interest of the child shall prevail.
13 Del. C. § 955 — Delaware Code / Title 13 / Chapter 9 / Subchapter II / Section 955
§ Â
        955. Record of adoption.
Status: in_force

The Clerk of Court shall file the petition and all papers pertaining thereto among the records of the Court, and shall record in the record book in which the record of other adoptions is kept all the proceedings in such case, together with the decree of the Court, which record or a duly certified copy thereof shall be evidence.
13 Del. C. § 1942 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1942
§ Â
        1942. Recognition and enforcement.
Status: in_force

A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II of this chapter.
13 Del. C. § 8-421 — Delaware Code / Title 13 / Chapter 8 / Subchapter IV / Section 8-421
§ Â
        8-421. Search of appropriate registry.
Status: in_force

(a) If a father-child relationship has not been established under this chapter for a child under 1 year of age, a petitioner for adoption of, or termination of parental rights regarding, the child must obtain a certificate of search of the registry of paternity.

(b) If a petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also obtain a certificate of search from the registry of paternity, if any, in that state.
13 Del. C. § 1937 — Delaware Code / Title 13 / Chapter 19 / Subchapter III / Section 1937
§ Â
        1937. Expedited enforcement of child custody determination.
Status: in_force

(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child custody determination must state:

(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number and the nature of the proceeding;

(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number and the nature of the proceeding;

(4) The present physical address of the child and the respondent, if known;

(5) Whether relief in addition to the immediate physical custody of the child and attorneys’ fees is sought and, if so, the relief sought; and

(6) If the child custody determination has been registered and confirmed under § 1934 of this title, the date and place of registration.

(c) If the petition seeks emergency relief or expedited scheduling, the provisions of Rule 65.2 of the Family Court Civil Procedure Rules shall apply.
13 Del. C. § 322 — Delaware Code / Title 13 / Chapter 3 / Subchapter II / Section 322
§ Â
        322. Formalities.
Status: in_force

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.
13 Del. C. § 8-604 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-604
§ Â
        8-604. Personal jurisdiction.
Status: in_force

(a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.

(b) A court of this State having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in § 610 of this title are fulfilled.

(c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
13 Del. C. § 8-903 — Delaware Code / Title 13 / Chapter 8 / Subchapter IX / Section 8-903
§ Â
        8-903. Effective date; effect on existing parentage.
Status: in_force

This chapter takes effect on January 1, 2004. Any determination of parentage or nonparentage made under the law of this State prior to January 1, 2004, remains in force and effect.
13 Del. C. § 2327 — Delaware Code / Title 13 / Chapter 23 / Subchapter II / Section 2327
§ Â
        2327. Confidentiality of proceedings.
Status: in_force

All proceedings under this chapter shall be held before the Court privately, but for reasons appearing sufficient to the Court, the hearing may be public.
13 Del. C. § 6-312 — Delaware Code / Title 13 / Chapter 6 / Subchapter III / Section 6-312
§ Â
        6-312. Nondisclosure of information in exceptional circumstances.
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
13 Del. C. § 8-636 — Delaware Code / Title 13 / Chapter 8 / Subchapter VI / Section 8-636
§ Â
        8-636. Order adjudicating parentage.
Status: in_force

(a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.

(b) An order adjudicating parentage must identify the child by name and date of birth except an order pursuant to § 8-611(a) of this title and health care providers shall report the person(s) determined by Family Court to be the parent(s) to the Office of Vital Statistics as required by § 3121 of Title 16, Registration of Births.

(c) Except as otherwise provided in subsection (d) of this section, the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. The court may award attorney’s fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name.

(d) The court may not assess fees, costs or expenses against the support-enforcement agency of this State or another state, except as provided by other law.

(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.

(f) If the order of the court is at variance with the child’s birth certificate, the court shall order the Office of Vital Statistics to issue an amended birth registration.
13 Del. C. § 1102 — Delaware Code / Title 13 / Chapter 11 / Section 1102
§ Â
        1102. Jurisdiction and venue.
Status: in_force

(a) The Court has exclusive jurisdiction of proceedings under this chapter to terminate parental rights.

(b) A petition for termination of parental rights may be filed in the Court of any of the following counties:

(1) The county in which a parent resides.

(2) The county in which the organization having legal or physical care, custody, or control of the child is located.

(3) The county in which the child resides.

(c) If the Court assumes jurisdiction under this chapter, it is deemed to have retained jurisdiction under Chapter 9 of this title relating to adoption.
13 Del. C. § 2302 — Delaware Code / Title 13 / Chapter 23 / Subchapter I / Section 2302
§ Â
        2302. Definitions.
Status: in_force

For the purposes of this chapter, unless the context indicates differently:

(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.

(2) “Adult” means a person who has reached an 18th birthday.

(3) “Best interests” is as defined in § 722 of this title.

(4) “Child” or “children” means persons who have not reached their 18th birthday.

(5) “Court” means the Family Court.

(6) “Department” or “DSCYF” means the Department of Services for Children, Youth and Their Families.

(7) “Dependency” or “dependent child” is as defined in § 901 of Title 10.

(8) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.

(9) “Foster parent” means an individual or couple who has been approved by DSCYF or a licensed agency to provide foster care in exchange for foster care payments provided by DSCYF or a licensed agency.

(10) “Guardian” means a nonparent or an agency charged with caring for a child during the child’s minority.

(11) “Guardian ad litem” means an individual appointed by the Court to represent the best interests of a child, whether or not that reflects the wishes of the child, who by that individual’s appointment shall be a party to the child welfare proceeding.

(12) “Neglect” or “neglected child” is as defined in § 901 of Title 10.

(13) “Parent” is as defined by § 8-201 of this title.

(14) “Parental responsibilities” means the care, support and control of the child in a manner that provides for the child’s necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.

(15) “Permanency” means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver.

(16) “Relative” means any sibling, grandparent, uncle, aunt, first cousin, first cousin once removed, great-grandparent, grandaunt or granduncle, half sibling, stepparent, stepsibling, stepaunt or stepuncle, or stepgrandparent of the child who is the subject of a guardianship petition.
13 Del. C. § 6-102 — Delaware Code / Title 13 / Chapter 6 / Subchapter I / Section 6-102
§ Â
        6-102. Definitions.
Status: in_force

In this chapter:

(1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) “Child-support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(3) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

(4) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(5) “Foreign country” means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

a. Which has been declared under the law of the United States to be a foreign reciprocating country;

b. Which has established a reciprocal arrangement for child support with this State as provided in § 6-308 of this title or under existing law or procedure of this State;

c. Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or

d. In which the Convention is in force with respect to the United States.

(6) “Foreign support order” means a support order of a foreign tribunal.

(7) “Foreign tribunal” means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.

(8) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

(9) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State.

(10) “Income-withholding order” means an order or other legal process directed to an obligor’s employer or other debtor, as defined by the income-withholding law of this State, to withhold support from the income of the obligor.

(11) “Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

(12) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(13) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(14) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(15) “Law” includes decisional and statutory law and rules and regulations having the force of law.

(16) “Obligee” means:

a. An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

b. A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

c. An individual seeking a judgment determining parentage of the individual’s child; or

d. A person that is a creditor in a proceeding under subchapter VII of this chapter.

(17) “Obligor” means an individual, or the estate of a decedent that:

a. Owes or is alleged to owe a duty of support;

b. Is alleged but has not been adjudicated to be a parent of a child;

c. Is liable under a support order; or

d. Is a debtor in a proceeding under subchapter VII of this chapter.

(18) “Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(19) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.

(20) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(21) “Register” means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or a foreign country.

(22) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.

(23) “Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

(24) “Responding tribunal” means the authorized tribunal in a responding state or foreign country.

(25) “Spousal-support order” means a support order for a spouse or former spouse of the obligor.

(26) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.

(27) “Support enforcement agency” means a public official, governmental entity, or private agency authorized to:

a. Seek enforcement of support orders or laws relating to the duty of support;

b. Seek establishment or modification of child support;

c. Request determination of parentage of a child;

d. Attempt to locate obligors or their assets; or

e. Request determination of the controlling child-support order.

(28) “Support order” means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief.

(29) “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
13 Del. C. § 916 — Delaware Code / Title 13 / Chapter 9 / Subchapter I / Section 916
§ Â
        916. Court costs.
Status: in_force

The costs in all cases of adoption under this chapter shall be taxed by the Court on the person or persons filing the petition, and they shall pay the same to the Clerk of Court.
13 Del. C. § 1519 — Delaware Code / Title 13 / Chapter 15 / Section 1519
§ Â
        1519. Modification or termination of decree or order; termination of alimony; enforcement of alimony order.
Status: in_force

(a) A decree or separate order entered under § 1518 of this title may be modified or terminated only as follows:

(1) Support for a child, only as provided in Chapter 5 of this title, or otherwise;

(2) Custody and/or visitation of a child, only as provided in Chapter 7 of this title, or otherwise;

(3) Property disposition, only upon a showing of circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court of this State;

(4) Alimony or any other relief awarded, only upon a showing of real and substantial change of circumstances.

(b) Unless otherwise agreed by the parties in writing and expressly provided in the decree, the obligation to pay future alimony is terminated upon the death of either party or the remarriage of the party receiving alimony.

(c) Any alimony order entered pursuant to § 1512 of this title shall be enforced in this State exclusively by the Family Court in the county wherein the respondent resides or is found, or in the county where petitioner resides if respondent does not reside and cannot be found in this State, regardless of whether such petitioner was the petitioner or the respondent in the divorce action, and such Family Court, on proper showing of either of such petitioner or such respondent or on its own motion, may modify or terminate support obligations formerly decreed by the Superior Court.
13 Del. C. § 1906 — Delaware Code / Title 13 / Chapter 19 / Subchapter I / Section 1906
§ Â
        1906. Effect of child custody determination.
Status: in_force

A child custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 1908 of this chapter or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
13 Del. C. § 702A — Delaware Code / Title 13 / Chapter 7A / Subchapter I / Section 702A
§ Â
        702A. Purpose.
Status: in_force

The purpose of this subchapter is to protect children from domestic violence and the harm caused by experiencing domestic violence in their homes.