Each Court Order shall contain a contact (visitation) schedule with the non-custodial or non-residential parent. Both parents also have the right to access to the child by phone and mail. Both parents have a right to attend all these activities. 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. Both parents are ordered to take a “Parenting Education Class”. 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.
This Preliminary Injunction contains two orders: 1. When a Petition for Custody (form #345) is filed in Family Court, a Preliminary Injunction is served immediately on the petitioner and on the respondent with service of the petition.
When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her. Under Delaware law, parents are joint natural custodians of their children. Is Delaware the Correct State to File for Custody? Instructivo para casos de tenencia de menores (Spanish) Bwochi Enstriksyon sou Ka Gad Timoun (Creole) Introduction View the Child Custody Instruction Packet to learn more about starting a custody case, the custody process and who can file for custody.