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Delaware Statutes, Title 13

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Delaware/Statutes

← All Delaware coverage

Title 13, Domestic Relations

21 chapters · 559 sections in this title.

All chapters in Title 13559 Ch 8, Uniform Parentage Act [Effective unt…117 Ch 6, UNIFORM INTERSTATE FAMILY SUPPORT ACT78 Ch 9, ADOPTION43 Ch 23, GUARDIANSHIP OF A CHILD40 Ch 19, UNIFORM CHILD CUSTODY JURISDICTION A…36 Ch 1, MARRIAGE30 Ch 7, PARENTS AND CHILDREN23 Ch 15, Divorce and Annulment23 Ch 22, Division of Child Support Services22 Ch 5, DESERTION AND SUPPORT20 Ch 7a, CHILD PROTECTION FROM DOMESTIC VIOLE…19 Ch 11, Termination and Transfer of Parental…19 Ch 2, Civil Unions18 Ch 25, DSCYF CUSTODY18

36 sections·Filtered byTitle 13✕Ch 19✕

13 Del. C. § 1901. Short title.
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§ 1901. Short title. This chapter may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”73 Del. Laws, c. 426, § 1;
13 Del. C. § 1902. Definitions.
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§ 1902. Definitions. As used in this chapter: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual who has not attained 18 years of age. (3) “Child custody determination” means a judgment, decree or other o…
13 Del. C. § 1903. Proceedings governed by other law.
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§ 1903. Proceedings governed by other law. This chapter does not govern a termination of parental rights proceeding related to an adoption proceeding brought by a licensed Delaware agency or an adoption proceeding or a proceeding pertaining to the authorization of emergency medic…
13 Del. C. § 1904. Application to Indian tribes.
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§ 1904. Application to Indian tribes. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A cour…

13 Del. C. § 1905. International application.

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§ 1905. International application. (a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter. (b) Except as otherwise provided in subsection (c) of this section, a child cust…

13 Del. C. § 1906. Effect of child custody determination.

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§ 1906. Effect of child custody determination. A child custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 1908 of this chapt…

13 Del. C. § 1907. Priority.

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§ 1907. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.73 Del. Laws, c. 426, § 1;

13 Del. C. § 1908. Notice to persons outside State.

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§ 1908. Notice to persons outside State. (a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice mu…

13 Del. C. § 1909. Appearance and limited immunity.

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§ 1909. Appearance and limited immunity. (a) A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this State for ano…

13 Del. C. § 1910. Communication between courts.

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§ 1910. Communication between courts. (a) A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties do not participate in the comm…

13 Del. C. § 1911. Taking testimony in another state.

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§ 1911. Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other m…

13 Del. C. § 1912. Cooperation between courts; preservation of records.

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§ 1912. Cooperation between courts; preservation of records. (a) A court of this State may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an ev…

13 Del. C. § 1920. Initial child custody jurisdiction.

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§ 1920. Initial child custody jurisdiction. (a) Except as otherwise provided in § 1923 of this title, a court of this State has jurisdiction to make an initial child custody determination only if: (1) This State is the home state of the child on the date of the commencement of th…

13 Del. C. § 1921. Exclusive, continuing jurisdiction.

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§ 1921. Exclusive, continuing jurisdiction. (a) Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination un…

13 Del. C. § 1922. Jurisdiction to modify determination.

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§ 1922. Jurisdiction to modify determination. Except as otherwise provided in § 1923 of this title, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination u…

13 Del. C. § 1923. Temporary emergency jurisdiction.

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§ 1923. Temporary emergency jurisdiction. (a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the…

13 Del. C. § 1924. Notice; opportunity to be heard; joinder.

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§ 1924. Notice; opportunity to be heard; joinder. (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 1908 of this title must be given to all persons entitled to notice under the law of t…

13 Del. C. § 1925. Simultaneous proceedings.

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§ 1925. Simultaneous proceedings. (a) Except as otherwise provided in § 1923 of this title, a court of this State may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has be…

13 Del. C. § 1926. Inconvenient forum.

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§ 1926. Inconvenient forum. (a) A court of this State which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of…

13 Del. C. § 1927. Jurisdiction declined by reason of conduct.

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§ 1927. Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in § 1923 of this title, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall dec…

13 Del. C. § 1928. Information to be submitted to court.

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§ 1928. Information to be submitted to court. (a) Subject to the rules of the court, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or …

13 Del. C. § 1929. Appearance of parties and child.

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§ 1929. Appearance of parties and child. (a) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who…

13 Del. C. § 1930. Definitions.

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§ 1930. Definitions. In this subchapter: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) “Respondent” mean…

13 Del. C. § 1931. Enforcement under Hague Convention.

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§ 1931. Enforcement under Hague Convention. Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.73 Del. Laws,…

13 Del. C. § 1932. Duty to enforce.

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§ 1932. Duty to enforce. (a) A court of this State shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstance…

13 Del. C. § 1933. Temporary visitation.

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§ 1933. Temporary visitation. (a) A court of this State which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody…

13 Del. C. § 1934. Registration of child custody determination.

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§ 1934. Registration of child custody determination. (a) A child custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the court: (1) A letter or other document requesting re…

13 Del. C. § 1935. Enforcement of registered determination.

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§ 1935. Enforcement of registered determination. (a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child custody determination made by a court of another state. (b) A court of this State shall recognize and enfor…

13 Del. C. § 1936. Simultaneous proceedings.

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§ 1936. Simultaneous proceedings. If a proceeding for enforcement under this subchapter is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determinat…

13 Del. C. § 1937. Expedited enforcement of child custody determination.

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§ 1937. Expedited enforcement of child custody determination. (a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an or…

13 Del. C. § 1938. Service of petition and order.

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§ 1938. Service of petition and order. Except as otherwise provided in § 1940 of this title, the petition and order must be served, by any method authorized by law upon respondent and any person who has physical custody of the child.73 Del. Laws, c. 426, § 1;

13 Del. C. § 1939. Hearing and order.

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§ 1939. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to § 1923 of this title, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical cust…

13 Del. C. § 1940. Warrant to take physical custody of child.

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§ 1940. Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently…

13 Del. C. § 1941. Costs, fees and expenses.

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§ 1941. Costs, fees and expenses. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, trav…

13 Del. C. § 1942. Recognition and enforcement.

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§ 1942. Recognition and enforcement. A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or…

13 Del. C. § 1943. Appeals.

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§ 1943. Appeals. An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under § 1923 of this title, the enforcing court may not sta…