Legal Information: Delaware


November 29, 2021

What are the steps for filing for custody?

It depends on your situation. To find out what the process will be like for your specific situation, please consult a lawyer in your state. To find a lawyer or legal aid program in your area, please visit the DE Finding a Lawyer page under the Places that Help tab at the top of this page.

Generally, if the parents are married, one or both of the parents usually files for custody as part of a divorce action. If the parents are already divorced, the parent who does not have custody can file a petition for a change of custody in the county where the divorce was granted. If the parents were never married, either parent can file for custody in the county where the child has been living for at least six months.

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