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Legal Statutes: Delaware

UPDATED April 12, 2017

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Subchapter II. Custody Proceedings

back to top§ 733. Stepparent custody in certain circumstances

Notwithstanding that there is a surviving natural parent, upon the death or disability of the custodial or primary placement parent, the Court, at the request of the stepparent shall continue the placement of the child(ren) with the stepparent pending a hearing on the merits, provided the child(ren) has resided with the stepparent immediately prior to the death or disability of the custodial or primary placement parent. Where the child(ren) has so resided with the stepparent the Court shall apply the provisions of § 722 of this title and may grant permanent custody or primary physical placement to the stepparent. If the Court grants custody or primary placement of the child(ren) to the stepparent, the stepparent shall have all of the rights and obligations of a parent until such time as the parent no longer has custody or primary placement of the child(ren).
(70 Laws 1995, ch. 146, § 1, eff. July 6, 1995; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.)