Divorce Delaware Custody
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Laws regarding Divorce Delaware Custody
As per the laws of this state, parents are regarded as joint natural custodians of the child. If the parents reside apart and separate, they have the right to file a Petition for Custody in the Family Court. This petition is Form #345.
When this petition is filed by either or both parents, the court immediately serves a Preliminary Injunction on both parties. This injunction comprises of the following 2 orders.
- Both parents and their children are commanded to undergo a "parenting education class"
- While the custody/visitation proceedings are pending in the court, none of the parents should remove the child from this state permanently in the absence of permission of the other parent or the court
Let us assume that one parent has sole legal custody or both parents have joint legal custody. In both these cases, the following rules apply.
- Both the parents have the right to request and receive information pertaining to the child. For example
- Religious events of the child
- School activities and conferences
- Medical treatment
- The child's progress in school
- Both the parents are empowered to attend all the activities of the child
- Both the parents have access to the child by mail or phone
- Every court order would comprise of a visitation schedule with the non residential or non custodial parent
- After a hearing, if the court concludes that the above mentioned points threaten the physical health of the child or harm the emotional development of the child, then the court might contain these rights
Alteration in Divorce Delaware Custody Orders
In this state, an order of custody can be altered in the following conditions.
Condition 1
All the 3 points mentioned below must be fulfilled.
- Presently, a custody order from Delaware exists
- One or both parents desire an alteration in this order
- A person acting as a parent or the biological parent or the child is continuing to reside in this state. However, this point has some exceptions. If none of the 3 individuals mentioned above reside in this state, it is essential to consult a lawyer to verify if the exception is applicable to the particular case
Condition 2
All the 4 points mentioned below must be fulfilled.
- Currently, a custody order from some state other than Delaware exists
- One or both parents desire to alter this order
- The child has been residing in this state for a minimum of six consecutive months prior to the date on which the motion and affidavit to alter the custody order was filed. This point also has some exceptions. If the child has not been residing in this state for a minimum of 6 months, the parents should consult a lawyer to confirm if the exceptions are applicable. In case the parents cannot afford an attorney, then they must read Delaware Code, Title 13, Chapter 19
- The court that issued the original custody order has given up jurisdiction
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