Delaware Petition for Writ of Habeas Corpus to Restore Custody to Parent

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Multi-State
Control #:
US-01629BG
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Word; 
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Description

In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. However, federal habeas corpus proceeding cannot normally be used as a vehicle to change a state court's child custody decision.

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FAQ

An Emergency Petition for Custody, Partial Custody or Visitation must be filed in person at the Office of Judicial Support. The filing party will be required to present the Emergency Petition to the District Court Administrator's Office which will forward it to a judge.

As stated previously, both parents are equally entitled to care and custody of the child. However, practically speaking, where there is no court order, the parent with whom the child resides has de facto custody of the child and has the right to make all day-to-day decisions with respect to the child.

Mother Exclusive CustodyFather Exclusive CustodyOther(%)79.36.61.2

Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.

Depending on the specifics of your case, it can take as little as 30 days or as long as several years to resolve a custody dispute, and it can cost anywhere from a few thousand dollars to tens of thousands.

What are you to do? Take action. Instead of being a deer in the headlights, take action. ... Build a support system. Find friends, join a support group, reach out to church members. ... Accept that this is your life. ... Practice self-soothing. ... Journal. ... Get on with your own life. ... Believe in the future.

When there is a joint custody arrangement, the father still has a right to see and spend time with the child and to be involved in decision-making regarding his or her upbringing. The mother cannot generally deprive the father of access to the child. He must be informed first if the mother decides to move away.

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.

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Delaware Petition for Writ of Habeas Corpus to Restore Custody to Parent