Notice Of Motion Form For Interim Relief
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Filing for emergency custody of your child requires the Court to have entered a custody order. As an emergency filing, you are asking for this order to be modified or ask the Court to establish a custody order. If you have a previous custody order in place, you will need to file a Petition to Modify Custody.
At What Age Can Teenagers or Other Children Refuse Visitation? Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent. Technically, any child who is not yet a legal adult isn't allowed to refuse visitation.
The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.
If a parent is going to move from this state with the child, that parent must tell the other parent as soon as he or she knows they are moving. If the moving parent does not tell the other parent, he or she may be considered to be interfering with the other parent's right to visitation and contact with the child.
Motion for Interim (Temporary) Relief If you wish to file for temporary relief or a temporary Court Order (i.e. you would like financial relief or temporary custody), you may file a Motion for Interim Relief. "Interim Relief" refers to a temporary Court Order that would be in place until a full hearing can be held.