Paternity / Parentage Petition Packet

DELAWARE PATERNITY / PARENTAGE PETITION + ESTABLISHMENT ORDER FILING PACKET

PART 1 — PRE-PETITION FACTUAL CHECKLIST

A. Child Information

☐ Child's full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Place of birth (city / county / state): [________________________________]
☐ Current residence (last 6 months): [________________________________]
☐ Child is currently subject to another court order (custody, dependency/neglect, DCSS): ☐ Yes ☐ No
☐ If yes, case number and tribunal: [________________________________]

B. Mother / Woman Who Gave Birth

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Current address: [________________________________]
☐ Marital status at conception/birth: ☐ Single ☐ Married ☐ Separated ☐ Divorced (date final: [__/__/____])
☐ Name of spouse at conception or birth, if any (possible presumed father, § 8-204): [________________________________]

C. Alleged / Putative Father

☐ Full legal name: [________________________________]
☐ Date of birth: [__/__/____]
☐ Current address: [________________________________]

D. Existing Acknowledgment of Paternity (13 Del. C. § 8-301 et seq.)

☐ An Acknowledgment of Paternity has been signed and filed with the Office of Vital Statistics: ☐ Yes ☐ No
☐ If yes, date signed: [__/__/____]
☐ A Denial of Paternity by a presumed father was filed with it (§ 8-303): ☐ Yes ☐ No ☐ N/A
☐ The father's name appears on the child's birth certificate: ☐ Yes ☐ No

E. DCSS / Administrative Status

☐ The Division of Child Support Services (DCSS) has an open paternity or support case: ☐ Yes (Case #: [____________]) ☐ No
☐ Public assistance is or was received for the child: ☐ Yes ☐ No

F. Genetic Testing Status (13 Del. C. § 8-501 et seq.)

☐ Genetic testing has been completed: ☐ Yes (date: [__/__/____], probability: [____]%) ☐ No
☐ Lab name: [________________________________]
☐ Petitioner requests court-ordered genetic testing: ☐ Yes ☐ No

G. ICWA / Tribal Considerations

☐ The child is or may be an "Indian child" under ICWA (25 U.S.C. § 1903): ☐ Yes ☐ No ☐ Unknown
☐ Tribe(s) / source of information: [________________________________]

PART 2 — COURT CAPTION

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR [____________________] COUNTY

File No.: [________________________]
Petition No.: [________________________]

PART 3 — PETITION TO ESTABLISH PATERNITY / PARENTAGE

Cite: 13 Del. C. §§ 8-201, 8-204, 8-601 et seq.; Del. Fam. Ct. Civ. R. 500-510

Petitioner alleges:

1. Jurisdiction and Venue. This Court has jurisdiction to adjudicate parentage under 13 Del. C. § 8-104 and § 8-601, and personal jurisdiction over the Respondent under § 8-602/§ 8-604. Venue is proper in this county because [________________________________].

2. Standing (§ 8-602). Petitioner has standing as: ☐ the child ☐ the mother of the child ☐ a man whose paternity is to be adjudicated ☐ the support-enforcement agency (DCSS) ☐ a representative authorized by law.

3. UCCJEA. Petitioner has filed (or files concurrently) a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit (13 Del. C. ch. 19) listing the child's residences for the past five years.

4. Parties (§ 8-603). The mother of the child and the man whose paternity is to be adjudicated are joined as parties. Petitioner is [________________________________], residing at [________________________________]. Respondent is [________________________________], residing at [________________________________].

5. Subject Child. The child whose parentage is to be established is [________________________________], born [__/__/____] in [____________________].

6. Allegations of Parentage — Check ALL Applicable:

☐ (a) Alleged / Genetic Parentage. Respondent (or Petitioner) is the genetic father of the child. The mother and the alleged father had sexual contact during the probable period of conception that could have resulted in the conception of the child.

☐ (b) Presumed Father (§ 8-204). A presumption of paternity arises because: ☐ the man and the mother were married and the child was born during the marriage or within 300 days after its termination; ☐ other presumption under § 8-204: [________________________________].

☐ (c) Existing Acknowledgment (§ 8-301 et seq.). The parties signed an Acknowledgment of Paternity filed with the Office of Vital Statistics on [__/__/____]; Petitioner seeks a confirmatory order and related relief, the acknowledgment being equivalent to an adjudication under § 8-305.

☐ (d) Genetic Test Results (§ 8-505). Genetic testing dated [__/__/____] reflects a probability of parentage of [____]% (attached as Exhibit "A"). A result of at least 99% probability with a combined paternity index of at least 100 to 1 rebuttably identifies the man as the father.

☐ (e) Request for Court-Ordered Genetic Testing (§ 8-502). Parentage is contested or unestablished; Petitioner requests that the Court order the mother, child, and alleged father to submit to genetic testing.

7. No Adverse Adjudication. No prior court order, valid acknowledgment, or other adjudication establishing parentage of this child by another person exists, except: [________________________________]

8. Best Interests / Relief. Establishing parentage and orders for custody, parenting time, and support is in the best interests of the child (13 Del. C. § 722).

9. Requested Relief. Petitioner requests that the Court:
a. Adjudge [Petitioner/Respondent] the legal parent of the child (§ 8-636);
b. Order genetic testing under § 8-502 if requested;
c. Order the Office of Vital Statistics to amend the child's birth certificate to reflect the adjudicated parent;
d. Award legal custody, residential placement, and parenting time consistent with the child's best interests (13 Del. C. §§ 722, 728);
e. Order child support pursuant to the Delaware Child Support Formula (Del. Fam. Ct. Civ. R. 500-510);
f. Apportion the costs of genetic testing under § 8-506 where appropriate;
g. Grant such other relief as the Court deems just.

Date: [__/__/____]

Petitioner's Signature: [________________________________]

PART 4 — VERIFICATION

State of Delaware, County of [____________________]

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action, that I have read the foregoing Petition, and that the matters stated are true and correct to the best of my knowledge, information, and belief.

Petitioner's Signature: [________________________________]

Sworn to and subscribed before me on [__/__/____].

Notary Public / Clerk of Court: [________________________________] My commission expires: [__/__/____]

PART 5 — SUMMONS AND SERVICE

NOTICE TO RESPONDENT:

A Petition to Establish Paternity/Parentage has been filed concerning [CHILD'S NAME], born [__/__/____]. You must respond as required by the Family Court Rules of Civil Procedure and appear at any scheduled hearing. If you fail to respond or appear, the Court may enter an order adjudicating parentage against you by default (§ 8-636) and may order custody, parenting time, and child support.

Service Options (Del. Fam. Ct. Civ. R. 4):
☐ Personal service by the sheriff or a person authorized to serve process
☐ Service by certified mail, return receipt requested, where authorized
☐ Special order of service / service by publication, only upon court order after diligent search
☐ Acceptance of Service by Respondent (Part 6)

Proof of Service. The server must complete and file proof of service with the Court.

PART 6 — ACCEPTANCE OF SERVICE / CONSENT (Uncontested Path)

I, [RESPONDENT FULL NAME], acknowledge that I received a copy of the Summons and Petition to Establish Paternity/Parentage on [__/__/____].

☐ I accept service and waive further service of process.
☐ I admit that I am the parent of the child named in the Petition.
☐ I consent to the entry of orders for custody, parenting time, and child support as set forth in the agreement / proposed order.

Respondent's Signature: [________________________________] Date: [__/__/____]

PART 7 — MOTION / ORDER FOR GENETIC TESTING (13 Del. C. §§ 8-501 to 8-506)

MOTION FOR GENETIC TESTING

Petitioner moves the Court for an order requiring the mother, the child, and the alleged father to submit to genetic testing under 13 Del. C. § 8-502. In support, Petitioner provides a sworn statement (1) alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact; or (2) denying paternity and stating facts establishing a possibility that any sexual contact did not result in conception.

[PROPOSED] ORDER FOR GENETIC TESTING

GOOD CAUSE APPEARING, IT IS ORDERED:

1. The mother, the child [________________________________], and the alleged father shall submit to genetic testing on or before [__/__/____].
2. Testing shall be performed by a laboratory accredited as required by 13 Del. C. § 8-503, with a report signed under penalty of perjury filed with the Court and served on the parties.
3. A test result disclosing at least a 99% probability of paternity (prior probability 0.50) and a combined paternity index of at least 100 to 1 rebuttably identifies the man as the father (§ 8-505).
4. Costs shall be ☐ advanced by Petitioner ☐ apportioned under § 8-506 ☐ paid by DCSS, subject to recoupment.

Dated: [__/__/____] Judge / Commissioner, Family Court: [________________________________]

PART 8 — ACKNOWLEDGMENT OF PATERNITY (Reference — 13 Del. C. § 8-301 et seq.)

If the parties have signed, or wish to sign, an Acknowledgment of Paternity under 13 Del. C. § 8-301:

☐ The acknowledgment is in a record, signed under penalty of perjury by the mother and the man seeking to establish his own paternity (§ 8-302).
☐ It states whether the child has a presumed father and, if so, a Denial of Paternity by that presumed father is filed with it (§ 8-303, § 8-304).
☐ It states whether there has been genetic testing and that the claim of paternity is consistent with the results.
☐ The signatories understand the acknowledgment is equivalent to a judicial adjudication and that a challenge is barred after 2 years except in limited circumstances (§ 8-308).

Child's Name: [________________________________] DOB: [__/__/____]
Mother: [________________________________] Signature: _________________________ Date: [__/__/____]
Acknowledging Father: [________________________________] Signature: _________________________ Date: [__/__/____]

PART 9 — CUSTODY, PARENTING TIME & CHILD SUPPORT

A. Custody and Residential Placement (13 Del. C. §§ 722, 728)

The Court determines custody and residential arrangements based on the best interests of the child, considering the statutory factors of § 722 (wishes of the parents; wishes of the child; relationships with parents, siblings, and others; adjustment to home, school, and community; mental and physical health of all individuals; past and present compliance with rights and responsibilities; evidence of domestic violence; and the criminal history of any party).

• Legal custody: ☐ Joint ☐ Sole to [________________]
• Primary residence / placement: ☐ With [________________] ☐ Shared
• Parenting time / visitation schedule: [____________________________________________________________]
• Holidays, school breaks, summer: [____________________________________________________________]

B. Child Support — Delaware Child Support Formula / "Melson Formula" (Del. Fam. Ct. Civ. R. 500-510)

Delaware sets child support using the Delaware Child Support Formula (the "Melson Formula"), a three-step calculation that (1) reserves a self-support allowance for each parent's basic needs, (2) allocates each parent's share of the children's primary support in proportion to net available income, and (3) applies a Standard of Living Adjustment (SOLA) so children share in income above subsistence level.

• Obligor: ☐ Petitioner ☐ Respondent
• Each parent's monthly gross income: Petitioner $[__________] / Respondent $[__________]
• Self-support allowance applied (per current Rule 500 schedule): $[__________] per parent
• Number of overnights with each parent per year: Petitioner [____] / Respondent [____]
• Calculated support: $[__________] per month
• ☐ Conforms to the Delaware Child Support Formula ☐ Deviation requested; reason: [________________________________]
• Health insurance for the child provided by: ☐ Petitioner ☐ Respondent
• Unreimbursed medical and child-care shared: [____]% Petitioner / [____]% Respondent

☐ A completed Delaware Child Support Formula calculation and supporting income documentation are attached.

PART 10 — [PROPOSED] ORDER ESTABLISHING PARENTAGE

[Caption as in Part 2]

This matter came before the Court on the Petition to Establish Paternity/Parentage. Based on ☐ the acknowledgment/stipulation of the parties ☐ the default of Respondent ☐ genetic test results meeting the standard of 13 Del. C. § 8-505, the Court FINDS and ORDERS:

Findings.

1. The Court has jurisdiction over the subject matter and the parties; service was proper.
2. ICWA inquiry has been conducted (Part 11); the child ☐ is ☐ is not an Indian child.
3. [PARENT] is adjudicated the legal parent of [CHILD], born [__/__/____].

Orders.

1. Parentage Established. The parent-child relationship between [PARENT] and [CHILD] is established (13 Del. C. § 8-201, § 8-636).
2. Birth Certificate. The Office of Vital Statistics shall amend the child's birth certificate to reflect the adjudicated parent.
3. Custody / Parenting Time. As set forth in Part 9 and consistent with the child's best interests (13 Del. C. §§ 722, 728).
4. Child Support. $[__________] per month, calculated under the Delaware Child Support Formula (Del. Fam. Ct. Civ. R. 500-510), payable through DCSS; an income-attachment order shall issue.
5. Genetic Testing Costs. ☐ Apportioned under § 8-506 ☐ As ordered.
6. Other: [________________________________]

Dated: [__/__/____] Judge / Commissioner, Family Court: [________________________________]

PART 11 — ICWA (INDIAN CHILD WELFARE ACT) INQUIRY

The undersigned has inquired whether the child is or may be a member of, or eligible for membership in, a federally recognized Indian tribe (25 U.S.C. § 1903).

☐ The child has NO known Indian ancestry; ICWA does not apply.
☐ The child MAY have Indian ancestry. Tribe(s): [________________________________]; source: [________________________________]
☐ Inquiry incomplete; further inquiry will be conducted with: [________________________________]

Dated: [__/__/____] Signature: [________________________________]

PART 12 — CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing [document title: ____________________] was served on the following by ☐ personal delivery ☐ U.S. mail ☐ certified mail ☐ eFlex / electronic service:

[NAME / PARTY SERVED]
[________________________________]
[________________________________]

☐ Copy also served on the Division of Child Support Services (DCSS), if a party.

Signature: [________________________________] Date: [__/__/____]

SOURCES AND REFERENCES

• Delaware Code Title 13, Chapter 8 (Uniform Parentage Act) — https://delcode.delaware.gov/title13/c008/index.html
• 13 Del. C. § 8-204 (Presumption of paternity)
• 13 Del. C. §§ 8-301 to 8-308 (Voluntary Acknowledgment of Paternity) — https://delcode.delaware.gov/title13/c008/sc03/index.html
• 13 Del. C. §§ 8-501 to 8-506 (Genetic testing; § 8-505 99% / 100:1 standard)
• 13 Del. C. §§ 8-601 to 8-637 (Proceeding to adjudicate parentage) — https://delcode.delaware.gov/title13/c008/sc06/index.html
• 13 Del. C. §§ 722, 728 (Best interests; residential and visitation)
• Delaware Family Court — Child Support (Melson Formula) — https://courts.delaware.gov/family/support/
• Delaware Family Court Rules of Civil Procedure, Rules 500-510 (Delaware Child Support Formula)
• Delaware Division of Child Support Services (DCSS)
• Indian Child Welfare Act, 25 U.S.C. §§ 1901–1963

END OF DELAWARE PATERNITY / PARENTAGE PETITION + ESTABLISHMENT ORDER FILING PACKET

Disclaimer: This template is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Use the current official Delaware Family Court forms. Consult a licensed Delaware attorney for case-specific guidance.