title: "Delaware Child Custody - Complete LSC Packet with Forms"

state: "DE"

date: "2026-03-20"

price: "$67"

Delaware Child Custody Packet — Complete with Court Forms

Jurisdiction-correct document templates. Not legal advice.

1. ELIGIBILITY CHECKER — WHO CAN USE THIS PACKET

• [ ] You are a parent, legal guardian, or person standing in place of a parent
• [ ] The child lives in Delaware or has lived in Delaware within the last 6 months
• [ ] You want to establish custody, modify an existing order, or enforce a current order
• [ ] Delaware is the child's "home state" — child has lived here with a parent for at least 6 consecutive months before filing
• [ ] You are NOT involved in a dependency/neglect case with DFS

• [ ] The child has been removed by the Division of Family Services (DFS)
• [ ] There is an active dependency/neglect case in Family Court
• [ ] You are seeking to terminate parental rights
• [ ] Another state has already entered a custody order (modify in that state unless DE now has jurisdiction)

File at: Delaware court finder: https://courts.delaware.gov/courts/

5. STEP-BY-STEP FILING INSTRUCTIONS

1. Complete Parenting Education Class — Required before final orders (13 Del. C. § 727). Cost ~$50-75; fee waivers available. Keep certificate — file with court.
2. Prepare Parenting Plan — Include residential schedule, holiday/vacation schedule, decision-making authority, transportation, and dispute resolution.
3. Complete FORM 1 — Petition for Custody; make 3 copies of all documents.
4. File at Family Court — In the county where the child lives. Pay filing fee (~$75-150) or request fee waiver. Get stamped copies and case number.
5. Serve the Other Parent — Sheriff's Office (~$25-50), private process server, certified mail, or voluntary acceptance. Complete FORM 3: Affidavit of Service.
6. Attend Mediation — Usually required before trial. A neutral mediator helps reach agreement. If no agreement, case proceeds to hearing.
7. Attend Court Hearing — Arrive 30 minutes early. Dress appropriately. Bring all documents and your Parenting Education certificate.

7. FILING CHECKLIST

• [ ] Completed Petition for Custody (FORM 1)
• [ ] Proposed Parenting Plan
• [ ] Parenting Education certificate (if completed)
• [ ] Filing fee or fee waiver application
• [ ] Photo ID
• [ ] 3 copies of all documents
• [ ] File original documents
• [ ] Pay filing fee
• [ ] Get stamped copies and case number
• [ ] Ask about service options
• [ ] Filed copy of all documents

LEGAL AID

• Community Legal Aid Society (CLASI): declasi.com · (302) 575-0400
• Delaware Volunteer Legal Services: dvls.org · (302) 478-8850
• Legal Services Corp of DE: lscd.org · (302) 654-5410
• DE Courts Self-Help: courts.delaware.gov/selfhelp

2. FORM 1: PETITION FOR CUSTODY (BLANK TEMPLATE)

> INSTRUCTIONS: Type or print neatly in black ink. Replace bracketed text [LIKE THIS] with your information.

`

________________________________________________________________________________

IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

________________________________________________________________________________

[YOUR FULL LEGAL NAME],

Petitioner,

v.

[OTHER PARENT'S FULL NAME],

Respondent.

Case No. _______________

File No. _______________

________________________________________________________________________________

PETITION FOR CUSTODY

________________________________________________________________________________

COMES NOW the Petitioner, [YOUR FULL LEGAL NAME], and files this Petition

for Custody of the minor child(ren), and in support states as follows:

I. PARTIES AND CHILDREN

1. Petitioner, [YOUR FULL NAME], is a resident of [COUNTY] County,

Delaware, and resides at [YOUR STREET ADDRESS], [CITY], DE [ZIP CODE].

1. Respondent, [OTHER PARENT'S NAME], resides at [OTHER PARENT'S ADDRESS],

[CITY], [STATE] [ZIP CODE].

1. Petitioner and Respondent are the parents of the following minor child(ren):

1. The child(ren) currently reside(s) with [PETITIONER / RESPONDENT / BOTH]

at [ADDRESS WHERE CHILD LIVES], [CITY], DE [ZIP CODE].

1. The child(ren) has/have resided in Delaware for the past 6 months and

no other custody proceeding is pending in any other court.

II. JURISDICTION AND VENUE

1. This Court has jurisdiction over the subject matter and parties pursuant

to 13 Del. C. § 702 (Uniform Child Custody Jurisdiction and Enforcement Act).

1. Venue is proper in this Court because [Petitioner resides here / the

child resides here / other reason].

III. MARITAL STATUS

1. Petitioner and Respondent [ARE / ARE NOT] married.

[If married:] The parties were married on [MARRIAGE DATE] and divorce

proceedings [ARE / ARE NOT] pending in this Court under Case No. ________.

[If not married:] Petitioner and Respondent were never married. Paternity

[HAS / HAS NOT] been established. [If established:] Paternity was

established by [VOLUNTARY ACKNOWLEDGMENT / COURT ORDER / GENETIC TESTING]

on [DATE].

IV. REQUEST FOR CUSTODY

1. Petitioner requests that this Court enter an Order establishing custody

as follows:

A. PHYSICAL CUSTODY/RESIDENTIAL PARENT:

[ ] Petitioner should be the residential parent.

[ ] Respondent should be the residential parent.

[ ] Joint physical custody (shared residential time).

B. LEGAL CUSTODY (DECISION-MAKING):

[ ] Joint legal custody to both parents.

[ ] Sole legal custody to Petitioner.

[ ] Sole legal custody to Respondent.

C. PARENTING TIME SCHEDULE:

[ ] Every other weekend (Friday to Sunday)

[ ] One weeknight per week: [DAY] from [TIME] to [TIME]

[ ] Holidays as set forth in the Proposed Parenting Plan

[ ] Summer vacation: [DESCRIBE]

[ ] Other: [DESCRIBE]

1. A Proposed Parenting Plan is filed herewith and incorporated by reference.

V. BEST INTERESTS OF THE CHILD

1. The custody arrangement requested is in the best interests of the

child(ren) because (check all that apply):

[ ] Petitioner has been the primary caregiver

[ ] Petitioner is able to provide a stable home environment

[ ] Petitioner encourages a relationship with Respondent

[ ] The child(ren) have strong bonds with Petitioner

[ ] The child(ren) are doing well in their current school

[ ] There is no history of abuse or neglect

[ ] Other: [EXPLAIN]

VI. REQUEST FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Establish custody of the minor child(ren) as set forth herein;

B. Adopt the Proposed Parenting Plan filed herewith;

C. Establish child support pursuant to Delaware Child Support Guidelines;

D. Award Petitioner court costs;

E. Grant such other and further relief as is just and proper.

Respectfully submitted,

Date: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

[YOUR STREET ADDRESS]

[YOUR CITY, DE ZIP CODE]

[YOUR PHONE NUMBER]

[YOUR EMAIL ADDRESS]

________________________________________________________________________________

VERIFICATION

I, [YOUR FULL NAME], verify that the statements made in this Petition are

true and correct to the best of my knowledge and belief. I understand that

false statements are punishable under 11 Del. C. § 1233 (perjury).

Date: _____________________ _______________________________

[YOUR SIGNATURE]

________________________________________________________________________________

`

3. FORM 2: CUSTODY/VISITATION ORDER (BLANK TEMPLATE)

> INSTRUCTIONS: This form is completed by the judge or mediator. Submit a blank copy with your petition.

`

________________________________________________________________________________

IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

________________________________________________________________________________

[PETITIONER'S NAME],

Petitioner,

v.

[RESPONDENT'S NAME],

Respondent.

Case No. _______________

________________________________________________________________________________

CUSTODY/VISITATION ORDER

________________________________________________________________________________

This matter came before the Court on [DATE] for hearing on Petitioner's

Petition for Custody. Petitioner appeared [IN PERSON / BY COUNSEL].

Respondent appeared [IN PERSON / BY COUNSEL / DID NOT APPEAR].

UPON CONSIDERATION of the Petition, any responses filed, and the evidence

presented, the Court FINDS and ORDERS as follows:

I. CUSTODY

1. PHYSICAL CUSTODY/RESIDENTIAL PARENT:

[ ] [NAME] is granted sole physical custody.

[ ] The parties share joint physical custody.

[ ] Other: _______________________________

The child(ren) shall reside primarily with [NAME] at [ADDRESS].

1. LEGAL CUSTODY (DECISION-MAKING):

[ ] [NAME] is granted sole legal custody.

[ ] The parties share joint legal custody.

[ ] Other: _______________________________

II. PARENTING TIME SCHEDULE

1. The non-residential parent shall have parenting time as follows:

A. REGULAR SCHEDULE:

[ ] Every other weekend from Friday [TIME] to Sunday [TIME]

[ ] One weeknight per week: [DAY] from [TIME] to [TIME]

[ ] Other: _______________________________

B. HOLIDAY SCHEDULE:

[ ] As set forth in the Parenting Plan attached hereto

[ ] Other: _______________________________

C. SUMMER VACATION:

[ ] As set forth in the Parenting Plan attached hereto

[ ] Other: _______________________________

1. TRANSPORTATION:

[ ] Parent beginning parenting time picks up the child.

[ ] Parent ending parenting time drops off the child.

[ ] Parents meet halfway at: [LOCATION]

[ ] Other: _______________________________

III. CHILD SUPPORT

1. [ ] Child support is established pursuant to the attached Order.

[ ] Child support reserved for future determination.

[ ] No child support ordered.

IV. OTHER PROVISIONS

1. [ ] The parties shall attend parenting education class.

[ ] The parties shall attend mediation for unresolved issues.

[ ] Other: _______________________________

V. EFFECTIVE DATE

This Order is effective immediately upon signing.

SO ORDERED this _____ day of _________________, 20___.

_______________________________

Judge, Family Court of Delaware

[COUNTY] County

________________________________________________________________________________

`

4. FORM 3: AFFIDAVIT OF SERVICE (BLANK TEMPLATE)

> INSTRUCTIONS: The server must complete this form after serving the other parent.

`

________________________________________________________________________________

IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

________________________________________________________________________________

[PETITIONER'S NAME],

Petitioner,

v.

[RESPONDENT'S NAME],

Respondent.

Case No. _______________

________________________________________________________________________________

AFFIDAVIT OF SERVICE

________________________________________________________________________________

STATE OF DELAWARE )

) ss.

COUNTY OF [COUNTY] )

I, [SERVER'S FULL NAME], being first duly sworn, depose and state as follows:

1. I am over 18 years of age and am NOT a party to this action.

1. On [DATE] at [TIME], I served the following documents on:

[RESPONDENT'S FULL NAME]

[RESPONDENT'S ADDRESS]

[CITY, STATE ZIP]

Documents served:

[ ] Petition for Custody

[ ] Proposed Parenting Plan

[ ] Notice of Hearing

[ ] Other: _______________________________

1. Method of service:

[ ] Personal delivery (handed directly to respondent)

[ ] Left at respondent's residence with [NAME], a person of suitable age

[ ] Certified mail, Return Receipt Requested, No. _______________

[ ] Other: _______________________________

1. Description of person served:

Sex: [ ] Male [ ] Female

Approximate age: ______

Hair color: _______________

Other identifying features: _______________________________

1. I declare under penalty of perjury that the foregoing is true and correct.

_______________________________

[SERVER'S SIGNATURE]

[SERVER'S PRINTED NAME]

[SERVER'S ADDRESS]

[SERVER'S PHONE NUMBER]

________________________________________________________________________________

Sworn to and subscribed before me this _____ day of _____________, 20___.

_______________________________

Notary Public

My Commission Expires: __________

________________________________________________________________________________

`

*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.

Verify current law before filing. For legal advice contact a licensed Delaware attorney or legal aid. jurist-diction.com*