Rule 204 – Commencement of Action

May 15, 2021 | Delaware, Family Law

(a) DSCYF custody proceedings shall be commenced by:

(1) DSCYF filing in this Court a written petition setting forth the facts verified by affidavit in accordance with 13 Del. C. , Ch. 25;

(2) A verbal request by DSCYF for an emergency ex parte Order for custody of a child verified by verbal affidavit in accordance with 13 Del. C. ยง 2512. DSCYF shall thereafter file a petition and verified affidavit with the Court by noon the following business day; or

(3) The Court, by written or verbal order, sua sponte grants custody of a child to DSCYF as a result of another proceeding in this Court. Upon the entry of the sua sponte order, DSCYF shall be notified of the Court’s action and DSCYF shall thereafter file a petition and verified affidavit with the Court by noon the following business day.

(b) A copy of the petition shall be served upon the respondent(s) pursuant to Rule 4.

Del. Fam. Ct. R. Civ. P. 204

Re-numbered and amended January 28, 2015, eff. April 20, 2015.