Legal Packet

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DELAWARE )

) ss.

[COUNTY] COUNTY )

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[PETITIONER FULL NAME],

Petitioner,

v.

[RESPONDENT FULL NAME],

Respondent.

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PETITION FOR CUSTODY

FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

Case No.: _______________

File No.: _______________

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COMES NOW Petitioner, [PETITIONER FULL NAME], and files this Petition for

Custody, and in support thereof states as follows:

JURISDICTION

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

to 13 Del.C. § 701 and the Family Court Act.

1. Petitioner is a resident of [COUNTY] County, Delaware, residing at

[ADDRESS], [CITY], DE [ZIP].

1. Respondent is a resident of [COUNTY] County, Delaware, residing at

[ADDRESS], [CITY], DE [ZIP].

MINOR CHILD(REN)

1. The minor child(ren) subject to this Petition is/are:

1. The minor child(ren) have resided in Delaware for at least six (6) months

immediately preceding the filing of this Petition.

1. The minor child(ren) currently reside(s) with [Petitioner / Respondent /

both parents] at [ADDRESS], [CITY], DE [ZIP].

STATEMENT OF FACTS

1. Petitioner and Respondent are the [married / unmarried] parents of the

minor child(ren) identified above.

1. [If married:] The parties were married on [DATE] in [CITY], [STATE].

[If divorced:] The parties were divorced on [DATE] pursuant to a Final

Decree entered in [COUNTY] County, Delaware, Case No. [NUMBER].

1. [Describe the current custody arrangement, if any, and why custody

determination or modification is needed. Include relevant facts about

each parent's relationship with the child, caretaking responsibilities,

and any issues affecting the child's welfare.]

PARENTAL RIGHTS AND RESPONSIBILITIES

1. Under 13 Del.C. § 701(a), "The father and mother are the joint natural

guardians of their minor child and are equally charged with the child's

support, care, nurture, welfare and education. Each has equal powers and

duties with respect to such child, and neither has any right, or

presumption of right or fitness, superior to the right of the other

concerning such child's custody or any other matter affecting the child."

1. Under 13 Del.C. § 701(a), "Where the parents live apart, the Court may

award the custody of their minor child to either of them and neither

shall benefit from any presumption of being better suited for such award."

BEST INTEREST OF THE CHILD

1. Under 13 Del.C. § 722(a), "The Court shall determine the legal custody

and residential arrangements for a child in accordance with the best

interests of the child."

1. Under 13 Del.C. § 722(a), in determining the best interests of the child,

the Court shall consider all relevant factors including:

"(1) The wishes of the child's parent or parents as to such child's

custody and residential arrangements;

(2) The wishes of the child as to such child's custodian or custodians

and residential arrangements;

(3) The interaction and interrelationship of the child with such child's

parents, grandparents, siblings, persons cohabiting in the relationship

of husband and wife with a parent of the child, any other residents of

the household or persons who may significantly affect the child's best

interests;

(4) The child's adjustment to such child's home, school and community;

(5) The mental and physical health of all individuals involved;

(6) Past and present compliance by both parents with their rights and

responsibilities to their child under § 701 of this title;

(7) Evidence of domestic violence...; and

(8) The criminal history of any party or any other resident of the

household..."

1. Petitioner submits that the requested custody arrangement is in the best

interest of the minor child(ren) based on the following factors:

a) Wishes of the parents: [Describe each parent's position]

b) Wishes of the child: [If child is old enough to express preference]

c) Interaction with family members: [Describe child's relationships

with parents, siblings, grandparents, others]

d) Adjustment to home, school, community: [Describe child's current

adjustment]

e) Mental and physical health: [Describe health of all individuals]

f) Compliance with parental responsibilities: [Describe each parent's

past and present compliance]

g) Domestic violence: [If any history, describe]

h) Criminal history: [If any, describe]

CUSTODY REQUEST

1. Under 13 Del.C. § 728(a), "The Court shall determine, whether the parents

have joint legal custody of the child or 1 of them has sole legal custody

of the child, with which parent the child shall primarily reside and a

schedule of visitation with the other parent, consistent with the child's

best interests and maturity, which is designed to permit and encourage

the child to have frequent and meaningful contact with both parents..."

1. Petitioner requests the following custody arrangement:

Legal Custody (decision-making authority):

[ ] Sole legal custody to Petitioner

[ ] Sole legal custody to Respondent

[X] Joint legal custody to both parents

Physical Custody (Primary Residence):

[ ] Primary residence with Petitioner

[ ] Primary residence with Respondent

[ ] Shared custody

Residential Schedule:

• [Describe the proposed schedule: weekdays, weekends, holidays, school

breaks, summer vacation, etc.]

Visitation (if applicable):

• [Describe visitation schedule for non-residential parent]

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a) Award [sole legal custody / joint legal custody] of the minor child(ren);

b) Establish [primary residence with Petitioner / primary residence with

Respondent / shared custody];

c) Establish a visitation/parenting time schedule for the non-residential

parent, designed to permit and encourage the child to have frequent and

meaningful contact with both parents as required by 13 Del.C. § 728(a);

d) Establish child support in accordance with the Delaware Child Support

Formula;

e) Award Petitioner costs and reasonable attorney's fees; and

f) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [PETITIONER FULL NAME], declare under penalty of perjury pursuant to

11 Del.C. § 1221 that the foregoing is true and correct to the best of my

knowledge, information, and belief.

Executed this ___ day of _____________, 20___.

______________________________

[PETITIONER SIGNATURE]

[PETITIONER FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

Family Court of the State of Delaware

Court: Family Court of the State of Delaware in and for [County] County

Address: [County Courthouse Address]

Filing Fee: None for custody petitions

Delaware Family Court Locations:

• New Castle County: 500 North King Street, Wilmington, DE 19801
• Kent County: 400 Court Street, Dover, DE 19901
• Sussex County: 22 The Circle, Georgetown, DE 19947

Required Documents:

1. Petition for Custody (this document)
2. Family Court Civil Rule 72(b) Affidavit (if required)
3. Any existing custody orders

Service:

After filing, Respondent must be served with:

• Summons (issued by court)
• Copy of Petition

Service can be done by:

• Sheriff's deputy
• Private process server
• Certified mail (check local rules)

Mediation:

Delaware Family Court often requires mediation in custody disputes. The

court will provide information about mediation services.

Child Support:

If child support is requested, the court will calculate support using the

Delaware Child Support Formula based on both parents' income.

Legal Aid Resources:

• Delaware Legal Help Line: 1-800-818-4658
• Community Legal Aid Society (CLASI): (302) 575-0400 (Wilmington)
• Delaware Volunteer Legal Services: (302) 478-8851
• Legal Services Corporation of Delaware: (302) 575-0660
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

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