Facts About Delaware Custody Laws

ü  Facts about of Delaware custody laws

Ø  Each parent are joint custodians of their children.

Ø  Either parent or both parents may file a petition in Family Court asking that the court award custody of the child/children to him/her.

Ø  Under the Delaware law, no matter which parent has the custody of the child, the other parent is allowed to request information about the child.

Ø  Under the Delaware law, no matter which parent has the custody of the child, A parent has the right to request information about their child’s progress in school, medical treatments, school activities and conferences, religious events, and other activities in which the child participates in. Both parents have the right to attend any of these events.

Ø  Both of the parents have the right to speak to the child by phone or mail.

Ø  Each court order shall contain a contact (visitation) schedule with the non-custodial or non-residential parent.

Ø  When a parent files a petition for custody in the family court, a preliminary injunction is served immediately on the parent that filled out the petition.

Ø  After a petition for custody is filed in family court, the respondent in the petition must be personally served with a summons including a copy of the petition.

Ø  When positive service has been returned to the court, the case is normally referred to mediation.

Ø  If there have been findings of any domestic violence or a no-contact order is currently in effect, then there will not be a mediation hearing unless the victim’s attorney requests a mediation hearing and is present.

Ø  If the mediation is bypassed, the petition will then be in the hands of the judge for a hearing.

family lawWhat is A Mediation meeting?

At a mediation meeting, there will be a mediator assisting the parents to come to an agreement, or defining the issues which the parents cannot agree upon. The mediator will inform both parties of the language and content of the contact guidelines used by the court.

If the parents are able to come to an agreement with each other, a consent order will be signed by the parents with the terms that they have agreed upon. If the parents do not come to an agreement on the petition and cannot agree on a temporary contact schedule with the child, the mediator will recommend a contact schedule until the court hearing. If the mediation is unsuccessful, the petitioning parent will then have to complete a parenting education course and the petition will then be assigned to a judge for a full hearing at a later date.

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