Family Law Flashcards

Before a child may be adopted in Delaware by non-relatives, what must generally occur with respect to the birth parents' rights?

Answer: Their parental rights must be terminated by court order based on statutory grounds proven by clear and convincing evidence and the child's best interests

Delaware requires termination of parental rights before adoption, which demands clear and convincing evidence of a statutory ground plus a finding that termination serves the child's best interests.

Which Delaware court has exclusive jurisdiction over divorce, custody, and support matters?

Answer: The Family Court

The Delaware Family Court has exclusive statewide jurisdiction over domestic relations matters, including divorce, annulment, custody, and support.

Under Delaware's Melson Formula, what is the first allocation made from each parent's net income before child support is calculated?

Answer: A self-support allowance so each parent can meet their own minimal needs

The Melson Formula first reserves a self-support allowance for each parent's basic needs, then dedicates remaining income to the children's primary support before any standard-of-living adjustment.

Spouses in Delaware continue living in the same house but occupy separate bedrooms and have ceased sexual relations. Can they be 'separated' for divorce purposes?

Answer: Yes; Delaware law allows separation under the same roof if the parties do not share the same bedroom or have sexual relations

Under 13 Del. C. § 1503, parties may be deemed separated even while living in the same home, provided they do not occupy the same bedroom or engage in sexual relations, subject to the statute's exceptions.

An ex-spouse in Delaware willfully refuses to pay court-ordered child support despite having the ability to pay. What enforcement remedy may the Family Court impose?

Answer: Civil contempt sanctions, which may include wage attachment, license suspension, or incarceration until compliance

Delaware Family Court may enforce support orders through civil contempt, wage attachment, license suspension, interception of tax refunds, and even incarceration for willful nonpayment.

What happened to Delaware civil unions after the state legalized same-sex marriage in 2013?

Answer: Existing civil unions were converted into marriages

When Delaware's same-sex marriage law took effect in 2013, the state stopped issuing civil unions and existing civil unions were converted into marriages.

A husband in Delaware is presumed to be the father of a child in which circumstance?

Answer: The child is born during his marriage to the mother or within 300 days after the marriage ends

Under Delaware's Uniform Parentage Act, a man is presumed the father of a child born during his marriage to the mother or within 300 days after the marriage terminates.