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Delaware Answer to Petition for Termination of Parental Rights

State:
Delaware
Control #:
DE-GUARD-18
Format:
Word
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Description

This is an official Delaware state form for use in Delaware state courts. USLF forms are updated to comply with current state laws.

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FAQ

The Petitioner starts the Termination of Parental Rights Process by filing a Petition to Terminate Parental Rights with the Court. The Respondent(s) has 20 days after being served to respond to the Petition to Terminate Parental Rights by filing an Answer. Social Study and Report must be completed.

Keep in mind that to win a case to terminate parental rights, you'll need to present very persuasive evidence to the court, such as lack of contact, lack of support, abandonment, abuse, neglect, ongoing indifference, or failure to care for the child.

At the hearing, the judge will ask both of the parties any questions that the judge might have. If the the parent the petition is filed against (the "Respondent") is there: The parent will be able to tell the judge whether he or she agrees or disagrees with having parental rights terminated.

While that TPR CANNOT be reversed, he could ADOPT you. This is a specialized area of law and suggest you consult with and adoption agency or attorney.

At the hearing, the judge will ask both of the parties any questions that the judge might have. If the the parent the petition is filed against (the "Respondent") is there: The parent will be able to tell the judge whether he or she agrees or disagrees with having parental rights terminated.

Finalization of adoption usually takes place between three months and a year after the child comes home. An adoption cannot be finalized until the birth parents' revocation period (ranging from hours to months) has expired and the family's social worker has completed at least one post-placement visit.

The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot be returned safely home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs.

DCF must prove three main elements to win a TPR: a ground (there are several detailed by statute), that it made reasonable efforts to reunify and that termination of parental rights is in the child's best interests (this is the dispositional phase).

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Delaware Answer to Petition for Termination of Parental Rights