Legal Information: Delaware

Custody

Updated: 
September 13, 2023

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

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