How to Enroll a Grandchild in School Without Custody in Delaware

You Don't Need a Court Order

This is the single most important thing to know: Delaware law explicitly allows relative caregivers to enroll a child in public school without legal custody or a guardianship order. When all the requirements in 14 Del. C. § 202(f) are met, the district must honor the Relative Caregivers' School Authorization Affidavit.

If a registrar tells you that you need a court order first, they're wrong. The statute exists precisely so that relatives caring for children in crisis situations — parental addiction, incarceration, illness, death — don't have to navigate Family Court before a child can start school.

Who Qualifies

You must be an adult (18+) relative of the child by blood, marriage, or adoption. The statute covers grandparents, great-grandparents, aunts, uncles, stepparents, siblings, nieces, nephews, and first cousins. The child must actually live with you in your school district.

The official form lists circumstances including a parent's death, serious illness, incarceration, or military assignment; inability to provide substantial financial support or parental care or guidance; alleged abuse or neglect; a parent's condition that prevents necessary care and supervision; an uninhabitable home; parents who cannot be located; or other circumstances approved by the district. For the home-loss ground, the statute specifies loss or uninhabitability as a result of a natural disaster.

The statute also bars using the affidavit to attend a particular school, circumvent school choice, participate in athletics, or obtain special services at a particular school. A child subject to expulsion or a suspension for conduct that could lead to expulsion is not eligible.

The Enrollment Steps

1. Get the affidavit. Download the Relative Caregivers' School Authorization Affidavit from dhss.delaware.gov (free, available in English and Spanish) or pick up a copy at the school district office.

2. Gather your Column A and Column B proof. Delaware requires one document proving your family relationship (Column A) and one proving you're actually the caregiver (Column B). Column A examples include a birth certificate chain or an insurance policy listing the child. Column B examples include medical records where you authorized treatment, Child-Only TANF documentation, or a tax return claiming the child as a dependent.

3. Get the parent's, legal custodian's, or guardian's signature if available. The current form requires the available parent, custodian, or guardian to sign the approval section. If they cannot be located after reasonable effort, document your search steps: a certified notice to the last known address plus one of the additional options on the form.

4. Get the affidavit notarized. School district offices, public libraries, and banks often offer free notary services.

5. Submit everything to the school district registration office. Bring the notarized affidavit and your Column A and Column B documents. For standard enrollment, Delaware's Department of Education lists proof of age and immunization records. A birth certificate is one accepted proof of age, but not the only one.

If Records Are Missing

For a child who qualifies under McKinney-Vento, the school must enroll them even without typically required documents or immunization records. For other students, Delaware requires proof of immunization; a birth certificate is only one of several ways to verify age, and DDOE says its absence alone should not delay enrollment. Ask the district how to handle any other missing records.

When a Court Order Becomes Necessary

The affidavit works well for stable, cooperative caregiving arrangements. You may need to go to Family Court if a parent is actively objecting to the placement, if you need authority that the affidavit doesn't cover, or if the affidavit keeps expiring and the parent can't be located for renewal. Guardianship is not automatic when a parent objects: the court needs the parent's consent or evidence that the child is dependent, neglected, or abused and that guardianship is in the child's best interests.

Our School and Medical Consent Guide for Delaware Relatives covers the complete enrollment process, including the evidence checklists, absent-parent procedures, and when to transition from affidavits to court orders.

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