Delaware Custody Separate Statement
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How to fill out Delaware Custody Separate Statement?
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FAQ
Write clearly, and use your own words. Use bulleted lists for your major points. Don't insult or bash your ex. Attach evidence such as pay stubs or bank statements, but redact SSN and account numbers. Affirm that you are making your statement under oath, and under penalty of perjury.
The statement must be signed, dated and contain a declaration that you believe the statement is true and recognise it may be placed before the court. On the top left-hand side of your statement, detail the court in capital letters, e.g. IN THE LONDON FAMILY COURT and the case number on the top right-hand side.
It does not matter who files first. The court considers the best interests of the child and it is presumed that it is best for the child if both parents see the child. Custody cases are complex.
Under Delaware law, parents are joint natural custodians of their children. 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.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
Under Delaware law, parents are joint natural custodians of their children. 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.
A guardianship action is initiated with the filing of a Petition to Appoint a Guardian (the Petition) with the Court of Chancery (the Court). The requirements for the contents of the Petition are set forth in Chancery Court Rule 175.
Delaware custody laws don't prescribe a certain age where a child's preference matters. Instead, a judge will weigh a child's preference according to the unique circumstances of your case. Some Delaware judges have interviewed children as young as six about their desires regarding custody.
Write clearly and concisely. Include all pertinent information, but only facts relevant to the case at hand. If you are not a party, explain your role or interest in the case and your relationship to a party. Don't forget to sign and date the statement.