Legal Information: Delaware


April 5, 2019

In which state do I file for custody?

Delaware, like many states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which we explain here.

Under the UCCJEA, you can only file for custody in the "home state" of the child. (There are exceptions to the "home state" rule -- see below.)

The "home state" is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than six months old, the "home state" is the state where the child has lived from birth.

If you and your child recently moved to a new state, you cannot file for custody in that new state until you have lived there for the amount of time that the law describes. Until then, the other parent can start a custody action in the state that your children most recently lived in for at least six months.

Example: If a family lives in state A for one year, state A is the home state. If the same family lived in state A for one year and then one parent moved to state B with the children and filed in state B after living in state B for only four months, state A is still the home state.1 As with all custody issues, we recommend that you talk to a lawyer about this.

1 13 Del. C. § 1920