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Termination of Parental Rights Form

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The Family Court of the State of Delaware
Petition for Termination of Parental Rights

In and For New Castle County New Castle County    Kent County    Sussex County

Form 112 Rev 2/18

Petitioner

Name

D.O.B.

Street Address (including Apt)

P.O. Box Number

City/State/Zip Code

Home Phone Number    Work Phone Number

Relation to Child(ren)

Interpreter needed? Yes No
Language

Respondent

Name

D.O.B.

Street Address (including Apt)

P.O. Box Number

City/State/Zip Code

Home Phone Number    Work Phone Number

Relation to Child(ren)

Interpreter needed? Yes No
Language

File Number

Petition Number

2nd Petitioner (if any)

Name

D.O.B.

Street Address (including Apt)

P.O. Box Number

City/State/Zip Code

Home Phone Number    Work Phone Number

Interpreter needed? Yes No
Language

2nd Respondent (if any)

Name

D.O.B.

Street Address (including Apt)

P.O. Box Number

City/State/Zip Code

Home Phone Number    Work Phone Number

Interpreter needed? Yes No
Language

Guardian Ad Litem (if any)

Name

Law Firm

Office Address

City/State/Zip Code

Phone Number

In the Interest of the Following Child(ren)

Complete the table below for each child for which petitioner wants parental rights terminated. Attach additional sheets if necessary.

Child’s Name
Child’s Date of Birth
Child’s Place of Birth (City, State)
Child’s Gender (Check one)
Male Female
Male Female
Male Female

1. Complete the table below regarding the child(ren)’s parents (individuals holding parental rights):

NAME
Address
Date of Birth
Social Security Number
PARENT 1
PARENT 2

2. If you do not know the name/address of one or both of the child(ren)’s parents, write in the space provided below what you have done to try to locate him/her/them.

Attach the following affidavits:

Affidavit that a Party’s Address is Unknown

Affidavit that Biological Father’s Name is Unknown

Affidavit of Non-Disclosure

3. Name(s) of the person(s) or organization having the guardianship, care, control or custody of the child(ren):

Address of person(s) or organization:

4. Name(s) of the person(s) to whom parental rights are sought to be transferred (e.g., proposed adoptive parent(s)) if this Petition is granted:

Address of person(s) or organization if address is different from address of Petitioner(s):

5. Proposed adoptive parent(s)’ relationship to child(ren) if proposed adoptive parent is NOT the Petitioner:

6. I acknowledge the following is true with regards to the child(ren) named in this petition:

Adoption of the child is possible, appropriate, and a Petition for Adoption will be filed with this Court.

In the case where both parents’ parental rights are sought to be terminated, the possibility of placement with blood relatives has been explored.

Results of these efforts:

Each birth parent has been advised of the right to make a no-contact declaration pursuant to 13 Del. C. § 962.

Termination of Parental Rights is in the best interests of the child.

If there are two Respondents, both consent and the Consent to Termination and Transfer of Parental Rights for each Respondent is attached.

If there is only one Respondent, he/she consents and the Consent to Termination and Transfer of Parental Rights is attached.

If there are two Respondents, only one Respondent consents and the Consent to Termination and Transfer of Parental Rights for the consenting Respondent is attached.

7. I have attached to this Petition the Grounds for Termination of Parental Rights for each child named above. I have indicated at least one Ground for Termination of Parental Rights for each child named in this petition.


Petitioner


Date

Sworn to and subscribed before me:


2nd Petitioner (if any)


Date

Sworn to and subscribed before me:

Affidavit of Truth

I/We, state the information in this Petition for Termination of Parental Rights is true and correct to the best of my/our knowledge.


Petitioner


2nd Petitioner

SWORN TO AND SUBSCRIBED BEFORE ME on this date, .

Clerk of Court/Notary

Grounds for Termination of Parental Rights

Complete a separate Grounds for Termination of Parental Rights form for each child named in the Petition for Termination of Parental Rights. Thus, if there are 2 children, then 2 Grounds for Termination of Parental Rights forms MUST be completed and attached to the Petition.

NAME OF THE CHILD:

Indicate the grounds for Termination of Parental Rights (Place an “X” next to the grounds that apply).

1. The parent(s) of the child, or the person(s) or organization holding parental rights over such child agree (consent) that this Petition should be granted.

A Consent to Termination and Transfer of Parental Rights is attached to the Petition.

2. Respondent has abandoned the child AND intended to abandon the child as evidenced by the fact that (Place an “X” next to which situation applies):

a. The child is younger than 6 months old at the time of filing this Petition, Respondent(s) FAILED to:

Pay reasonable prenatal, natal and postnatal expenses in accordance with Respondent’s financial means; AND

Visit regularly with the child; AND

Manifest an ability and willingness to assume legal and physical custody of the child.

b. The child is at least 6 months old at the time of filing this Petition AND for at least 6 consecutive months during the year immediately before filing the Petition, Respondent(s) FAILED to:

Make reasonable and consistent payments for support of the child; AND

Communicate or visit regularly with the child; AND

Manifest the ability and willingness to assume legal and physical custody of the child.

c. The child is younger than 6 years old at the time of filing this Petition AND Respondent has placed the child in circumstances leaving the child in substantial risk of injury or death and therefore has manifested the unwillingness to exercise parental rights.

3. Respondent has abandoned the child BUT did NOT intend to abandon the child because (Place an “X” next to which situation applies):

a. For 12 consecutive months in the 18 months before filing this Petition, Respondent FAILED to:

Communicate or visit regularly with the child; AND

File or pursue a pending Petition to establish paternity or to establish the right to have contact or visitation with the child; AND

Manifest the ability and willingness to assume legal and physical custody of the child.

AND one of the below applies (Place an “X” next to all that apply):

The child is not in the legal and physical custody of the other parent and Respondent is not able or willing promptly to assume legal and physical custody of the child, and to pay for the child’s support, in accordance with Respondent’s financial means.

Placing the child in Respondent’s legal and physical custody would pose a risk of substantial harm to the physical or psychological well being of the child.

i. The circumstances of the child’s conception; OR

ii. Respondent’s behavior during pregnancy; OR

iii. Respondent’s behavior after the child was born; OR

iv. Respondent’s behavior with respect to other children.

Failure to grant the Petition for Termination of Parental Rights would be detrimental to the child.

4. The parent(s) of the child or any person(s) holding parental rights over such child are mentally incompetent and therefore, are unable to discharge parental responsibilities in the foreseeable future.

5. Respondent has been found by a Court of competent jurisdiction to have (Place an “X” next to all that apply):

a. Committed a felony level offense against the person in which the victim was a child;

b. Aided or abetted, attempted, conspired or solicited to commit a felony level offense against the person in which the victim was a child;

c. Committed or attempted to commit the offense of Dealing in Children as set forth in § 1100 of Title 11.

d. Committed the felony level offense of endangering the welfare of a child as set forth in § 1102 of Title 11.

6. The parent(s) of the child, or any person(s) holding parental rights over the child, are not able or have failed to plan adequately for the child’s physical needs or mental and emotional health and development, and 1 or more of the following conditions has been met (Place an “X” next all that apply):

a. If the child is in the care of the Department or a licensed agency:

The child has been in the care of the Department or licensed agency for a period of one year, or if the child has come into care as an infant, a period of 6 months, or there is a history of previous placement(s) of this child; OR

There is a history of neglect, abuse, or lack of care of the child or other children by Respondent; OR

Respondent is incapable of discharging parental responsibilities due to extended or repeated incarceration; OR

Respondent is not able or willing to assume promptly legal and physical custody of the child, and to pay for the child’s support, in accordance with Respondent’s financial means; OR

Failure to grant the Petition for Termination of Parental Rights will result in continued emotional instability or physical risk to the child.

b. If the child is in the care of a stepparent, guardian, permanent guardian or blood relative:

the child has resided in the home of the stepparent, guardian, permanent guardian or blood relative for a period of at least 1 year, or in the case of an infant, a period of 6 months AND

Respondent is incapable of discharging parental responsibilities, and there appears to be little likelihood that Respondent will be able to discharge such parental responsibilities in the near future.

7. Respondent’s parental rights over a sibling of the child who is the subject of the Petition have been involuntarily terminated in a prior proceeding.

8. The parent has subjected a child to torture, chronic abuse, sexual abuse, and/or life-threatening abuse.

9. A child has suffered unexplained serious physical injury, near death, or death under such circumstances as would indicate that such injuries, near death, or death resulted from the intentional or reckless conduct or willful neglect of the parent.

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What the Termination of Parental Rights Form Is

A Termination of Parental Rights Form is a court filing used to permanently end a parent's legal rights and responsibilities toward a child. The document initiates a family-court proceeding in which a judge reviews statutory grounds, evidence, and any consent or objection from involved parties. Outcomes can affect custody, visitation, child support, and inheritance rights. Because statutes, procedures, and required supporting documents differ by state, the form is prepared for filing in the appropriate county court and often requires service on the other parent and a court hearing.

Why this Form Matters for Family Law and Child Welfare

The form creates a formal record to terminate parental rights when legally justified, enabling adoption, transfer of guardianship, or permanent placement. It clarifies legal responsibilities and protects the child's long-term stability under court supervision.

Why this Form Matters for Family Law and Child Welfare

Who Typically Prepares and Files This Form

The court ultimately evaluates standing and authority before accepting the petition and scheduling a hearing.

  • Biological parents and consenting adoptive parents filing voluntary termination or adoption-related petitions.
  • Child welfare agencies initiating involuntary termination in dependency or abuse/neglect proceedings.
  • Family law attorneys and guardians ad litem representing the child’s best interests in court.

Who Can Sign and Represent Parties

Biological Parent

A biological parent may sign a voluntary termination petition if the state permits and the parent provides informed consent; courts typically require capacity, full disclosure, and sometimes an independent attorney or guardian ad litem to confirm voluntariness.

Court-Appointed Guardian

A court-appointed guardian or child welfare agency may file involuntary petitions under statutory grounds; such filings require compliance with notice, service, and evidentiary procedures mandated by state family law and juvenile codes.

Essential Sections to Include on the Form

A professionally prepared termination petition contains distinct sections that collect factual, legal, and procedural information the court needs to act and to preserve due process.

Party Identification

Full legal names, dates of birth, addresses, and relationship to the child for petitioner(s), respondent(s), and the child; accurate identifiers prevent service problems and contested identity issues.

Child Details

Child’s full name, birthdate, current residence, and any siblings; include placement history and permanency plan where applicable to inform the court’s best-interest analysis.

Legal Grounds

Specify statutory grounds alleged (for example abandonment, neglect, unfitness, or voluntary relinquishment) and provide concise factual allegations to support each ground.

Consent and Voluntariness

If voluntary, include signed consent, evidence of informed advice or counsel, and any waiting period compliance; the court must confirm the consent is knowing and voluntary.

Relief Requested

Clear statement of the relief sought (termination, transfer of custody, adoption approval) and any requested ancillary orders such as termination of parental support obligations.

Attachments

Attach supporting affidavits, service proofs, prior orders, agency case plans, and medical or social records required by statute or local court rule.

Step-by-Step: How to Complete and File the Petition

Follow these steps in order to prepare the petition, avoid procedural defects, and move the case to hearing.

  • 01
    Prepare Petition: Draft allegations and attach supporting affidavits.
  • 02
    File with Court: Submit at the correct county family or juvenile court clerk’s office.
  • 03
    Serve Respondent: Follow state rules for personal or substituted service.
  • 04
    Attend Hearing: Present evidence; judge issues order on record.

Configuring an Online Workflow for the Form

When using an electronic platform, set fields, authentication, and routing to mirror court and service requirements.

Field | Configuration Type | Required
Conditional Fields Show consent-only fields when voluntary box is checked
Authentication Method Use email + SMS code or higher for identity assurance
Notifications Automatic emails for clerk receipt and hearing date
Document Storage Retain signed PDFs with audit trail in secure repository

Where to File, Serve, and Track the Filing

Understand the routing sequence from petitioner to final court order to avoid delays and preserve appeal rights.

  • Court Filing: File at the county family or juvenile court clerk’s office.
  • Service of Process: Serve the respondent per state statutory methods.
  • Case Management: Court schedules hearing and tracks filings in docket.
  • Final Order: Judge signs order; clerk enters it on record.

Digital Distribution and eSubmission Requirements

Confirm local court e-filing rules before relying on electronic filing or remote notarization to prevent rejection or delay.

  • eSignature Legal Basis: ESIGN and UETA permit electronic signatures for most filings
  • Notarization Options: Some states accept RON; others require in-person notarization
  • Integrations: Court e-filing portals often accept PDF/A with audit trail

Typical Timelines and Scheduling Expectations

Processing times and deadlines vary by state and court; plan for service, waiting periods, and a scheduled hearing window.

Filing to Hearing:

Often scheduled between 30 and 90 days after filing depending on court backlog

Service Response Period:

Respondent typically has 20 to 30 days to answer after service

Waiting Periods:

Some states require statutory waiting intervals before finalizing voluntary terminations

Appeal Window:

Post-order appeal periods commonly run 30 days; verify local appellate rule

Record Entry:

Clerk enters the signed order the same day or within a few business days

Common Preparation Errors to Avoid

  • Using inconsistent legal names between documents, which can require amended filings and delay proceedings.
  • Failing to attach required affidavits or agency case plans, causing the court to continue or dismiss the petition.
  • Improper service of process or lack of proof of service, which can void subsequent orders.
  • Submitting unsigned or improperly notarized consents, undermining voluntary termination claims and prolonging litigation.

Risks and Consequences of Errors or Improper Filings

Irreversible Outcome: Termination is generally permanent once entered by the court
Custody Impact: Loss of parental authority affects custody and visitation rights
Civil Liability: Improper service or fraud can expose filers to court sanctions
Criminal Risk: False statements under oath may result in perjury charges
Delayed Relief: Procedural defects frequently cause continuances and additional costs
Financial Costs: Attorney, filing, and notary fees can significantly increase total expense

Key Processing Milestones from Filing to Final Order

A condensed milestone timeline helps you track critical events from petition preparation through final judgment.

01

Petition Filed

Document is docketed and clerk assigns case number

02

Service Completed

Proof of service filed to document notice to respondent

03

Hearing Conducted

Evidence and testimony presented to the judge

04

Final Order Entered

Judge signs and clerk files the termination order

Frequently Asked Questions About the Termination of Parental Rights Form

Answers to common questions about effect, signatures, notarization, and next steps when preparing or responding to a termination petition.


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