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Legal Statutes: Delaware

UPDATED April 12, 2017

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Subchapter II. Custody Proceedings

back to top§ 721. Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations

(a) A child custody proceeding is commenced in the Family Court of the State, or as otherwise provided by law, by a parent filing a petition seeking custody of the child in the county where the child is permanently a resident or where he or she is found.

(b) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The Court may, upon a showing of good cause, permit the intervention of other interested parties.

(c) The Court may, in the interest of the child, appoint an attorney to represent the child in the proceedings. A fee for an attorney so appointed shall be allowed as part of the costs of the proceeding.

(d) Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court. The preliminary injunction shall be effective against the petitioner upon the filing of the petition for custody or visitation and upon the respondent upon service of a copy of the petition.

(e) A custody proceeding between parents shall be determined in accordance with §§ 722, 729 and Chapter 7A of this title, whichever shall apply.
59 Laws 1974, ch. 569, § 4; 66 Laws 1988, ch. 312, § 1; 67 Laws 1990, ch. 236, § 1; 69 Laws 1994, ch. 309, §§ 1, 2; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2009, ch. 43, § 4, eff. June 16, 2009.