WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.
Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.
Legal Information: Delaware
Updated: December 8, 2020
§ 785. Interference with custody; class G felony; class A misdemeanor
A person is guilty of interference with custody when:
(1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has no legal right to do so, the person takes or entices the child from the child’s lawful custodian; or
(2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.
Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.
© 2008–2020 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.