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What exactly is an unfit parent? 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.

Write a detailed history about your marital relationship, which should include dates and facts that support your case. Do not forget to pick the pictures, videos and other visual aids that you will present before the court as evidence.

A child may be taken into emergency custody because the youngster is in immediate danger and needs protection. The child may also be removed from the home because current living arrangements pose an immediate danger to the child's safety and welfare.

You must also file an underlying petition, such as a Petition for custody, in order to file a Motion and Affidavit for Emergency Ex Parte Order. A Hearing Officer will review your Motion and Affidavit and determine whether an Emergency Ex Parte Order should be granted.

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.

Emergency motion is a motion that is presented in court without the normal requisite five business days notice.An emergency motion provides immediate relief as the response is delivered quickly than a normal one by the court.

Understand Your State's Child-Custody Laws. Stockbyte / Getty Images. Understand the Better-Parent Standard. Morsa Images / Getty Images. Bring the Right Documents to Court. Learn Proper Courtroom Etiquette. Know What to Expect During the Hearing. Dress Appropriately.

Delaware Affidavit for Emergency Hearing

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