Legal Information: Delaware

Custody

Updated: 
November 4, 2022

If there is a custody order in place, can I take my kids out of the state?

You should check your custody order to see if there are limits on taking your child out of state for a vacation before planning a trip. You should also check with a lawyer in your state who will be able to inform you of the specific rules on custody and vacation in Delaware.

If you are in the middle of custody hearings, you may not leave the jurisdiction with your child unless you get written consent from the other parent (or whoever else is asking for custody) or if you ask the court for permission first.1

1 13 Del. C. § 721

Legal Information

WomensLaw serves and supports all survivors, no matter their sex or gender.

© 2008–2023 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.