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Legal Information: Delaware


Laws current as of March 26, 2024

Can I change the state where the case is being heard?

In some cases, you can file for custody in a state where the children and at least one parent have “significant connections.”  Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction.  For more informaiton about changing a final custody order, go to our Changing a final custody order section on our general custody page.

This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this. For a list of local resources, please see our DE Finding a Lawyer page under the Places that Help tab on the top of this page.