Contacts The child, a parent or a person acting as a parent continues to reside in Delaware. This means that if a parent has a criminal history of domestic violence or if the court decides at a hearing that a parent has committed domestic violence, the other parent will usually get legal and physical custody (custody and residence) of the child. Pay Traffic Ticket, Delaware Courts Home  |  Terms of Use  |  Feedback  |  Delaware.gov, © MMXVI The Delaware Judiciary - courts.delaware.gov. Custody in Delaware County. Can’t get into your virtual hearing? Learn more about the public reopening plan. Each Court Order shall contain a contact (visitation) schedule with the non-custodial or non-residential parent. In Delaware, courts start with a presumption that a parent who has committed domestic violence doesn’t get sole custody or joint custody (shared custody) of any child. What is Child Custody. Box 543, Media, PA 19063. Learn more about the public reopening plan. Can’t get into your virtual hearing? Transcripts, Justice of the Peace FAQ [For application of this section, see 82 Del. A party will need to file an original and two (2) copies with the Office of Judicial Support. If none of the above people live in Delaware, talk to an attorney to see if an exception applies to your situation). If mediation is not successful, the petition will be assigned to a Judge for a full hearing at a later date. CCP Traffic Court Guardianship Divorce Information Licensed since 2002. The Court will create calm order with consistent and timely decisions to help families going through conflict. If you have not been to the Court before regarding custody, please see the Custody Instruction Pages. Contacts Landlord/Tenant, Adoption Save. Once the Complaint for Custody has been filed with the Delaware County Office of Judicial Support, a hearing date will be scheduled by Delaware County Court Administration. Main: 302-255-0300. AND; You want to change the terms of the current order; AND; The child, a parent or a person acting as a parent continues to reside in Delaware. The forms listed as "orders" are provided simply as samples (as they must be signed by a judge, judicial hearing officer, referee or support magistrate). Delaware Courts have returned to Phase Two of the reopening plan as of November 16, 2020. Both parents are ordered to take a “Parenting Education Class”. Weapon Permits, Hours & Locations Judicial Branch Op. Administrative Directives If you have a questions, please visit our Question Page. Where and How to File Petitions and Related Documents, Capitol Police Domestic Violence Intervention Program. View Best Interests Factors checklist. CCP Proceedings Child Support Calculator Expungement/Pardons Both parents have a right to attend all these activities. Please visit our Hearing Inquiry Page. Please visit our Hearing Inquiry Page. Learn more about the public reopening plan. The mediator will inform both of the parties of the language and content of the Contact Guidelines used by the Court. Pay Criminal Fines/Restitution Delaware family courts and most other state courts will always encourage parents to try to create a workable child custody arrangement on their own, to help keep both parents involved for the benefit of their shared children, as well as themselves. All these links can be found in the boxes on our home page. You may only file to change custody if a custody order has already been issued by the Court. ALL Pro Se litigants are encouraged to review the Custody Instruction Packet while preparing their filing. Family law includes laws of marriage, civil unions, same-sex relationships, domestic partnerships, divorce, separation, property settlements, alimony, spousal abuse, adoption, child abuse, child support, child custody and kidnapping. Oral Arguments Office of Disciplinary Counsel Civil Case Process Family Court will continue to handle emergency requests for Protection from Abuse Orders, emergency child welfare, custody, visitation, and guardianship matters, and limited adult criminal and juvenile delinquency matters Right Click to Copy Address... COURT PHONE NUMBER . When responding to a parent's request for child custody in Delaware, the court will determine custody based on the best interests of the child, in addition to several additional factors. PLEASE DO NOT COME TO THE COURTHOUSE on Tuesday, January 19, 2021 and Wednesday, January 20, 2021. Petition for Custody (Form 345) Family Court Processes Commission on Law & Technology, Abandoned Personal Property Restoration of License Delaware Child custody Attorney. 5.0 stars 18 reviews. The preliminary injunction shall be effective against the petitioner upon the filing of the petition for custody … For the latest on the Delaware Judiciary response to COVID-19 – and for contact information for each court during this emergency – please visit The Delaware Judiciary Response to Coronavirus Disease (COVID-19) page. If mediation is bypassed, the petition will be assigned to a Judge for a hearing. Office of Disciplinary Counsel The Delaware County Domestic Relations Court strives for excellence while creating a professional legal environment where everyone is treated fairly and with respect. The custody process takes time to move through the court system and during this time, the parents incur legal fees and costs. Restoration of Driving please visit The Delaware Judiciary Response to Coronavirus Disease (COVID-19) page. Instructivo para casos de tenencia de menores (Spanish) Balancing aggressive litigation strategy with the sensitive nature of Family Court matters. Under Delaware law, both parents are joint natural custodians of their child. Child custody cases are the responsibility of the Domestic Relations Branch of the Philadelphia Family Court. … A custody order can only be modified in certain situations. In Delaware County, child custody is handled by the Delaware County Court of Common Pleas NAME OF COURT Delaware County Court of Common Pleas COURT WEBSITE ADDRESS. View the Child Custody Instruction Packet to learn more about starting a custody case, the custody process and who can file for custody. Procedures, Board of Bar Examiners Each party shall bring the completed form to mediation. Court Clerk: 302-855-7400. 2. Contacts At other times, a custody order, whether agreed to by the parties or issued by the Court, may have never been effective. Dealing with Delaware family law issues is not only difficult, it can also be confusing, time consuming, and heartbreaking. NOTE: The first step in a custody case is filing a petition to ask the Court to award custody of a child to a parent. Non-judicial Agencies Room Reservation, Hours & Locations Many others are provided for use by public agencies in juvenile delinquency, child protective and other cases. Welcome! What is Custody of a Child? Civil Case Process Under Delaware law,  whether parents have joint legal custody or one parent has sole legal custody of a child,  each parent has the right to receive, when requested from the other parent, all material information concerning the child’s progress in school, medical treatment, school activities and conferences, religious events, and other activities in which the child participates. Legal Assistance, Hours & Locations All these links can be found in the boxes on our home page. Operating Procedures Right Click to Copy Address... COURT PHONE NUMBER . Licenses/Registrations Are the child's wishes considered when determining custody in the state of Delaware? (d) Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court. Learn more about the public reopening plan. Contacts Under Delaware law, parents are joint natural custodians of their children. If there has been a finding of domestic violence or a no contact order is currently in effect concerning the parties, there will not be a mediation hearing unless the victim’s attorney requests a mediation hearing and is present. COURT EMAIL ADDRESS. The stakes can be high when Delaware County Family Court decides the custody of a child or children. This means that neither parent is automatically favored by Delaware law as being more fit for custody. Employment Divorce Information Once a petition is filed in Family Court… Neither parent shall permanently remove the child from the State of Delaware while the custody/visitation proceedings are pending in the Court without the permission of the other parent or the Court. Support, Bail Bonds Press Releases, Hours & Locations The person asking for an order is called the Petitioner and the person responding (the other party) is called the Respondent. Bwochi Enstriksyon sou Ka Gad Timoun (Creole). CCP Traffic Court Change Your Name Oral Arguments A Custody Order may be modified in certain circumstances. Divorce They may not permanently remove the child from Delaware while the proceedings are pending without permission of the other parent. The stated goal is for each parent to have as much time with the child as possible. 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