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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.
A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child, the person deserts the child in any place intending permanently to abandon the child.
If you feel that your child is at risk of immediate and irreparable harm, Delaware Family Court can grant emergency custody to a parent under emergency circumstances by filing a Motion and Affidavit for Emergency Ex Parte (without notice to the other party) Order or a Motion for Interim (Temporary) Relief or a ...
Ing to Delaware law, the parent who has custody of his or her child decides where the child will live, what school the child will attend, what doctors the child will see, and what religion the child will follow. If parents have joint custody, the custody order will state with which parent the child will live.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Form 548, Request for Continuance of Mediation, should be used for this purpose. The request must be provided to the opposing party or, if represented, the opposing attorney.
Neither parent shall permanently remove the child from the State of Delaware while the custody/visitation proceedings are pending in the Court without the permission of the other parent or the Court.
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.