Rule 213 – Motion to Change Legal Custody or Permanency Plan; Aggravated Circumstances; Motions in General

May 15, 2021 | Delaware, Family Law

(a) Whenever a party seeks a change in legal custody pursuant to 13 Del. C. § 2513, the party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed. The motion shall state the basis for such change in legal custody.

(b) Whenever a party seeks a change in the permanency plan established under Rule 216, the party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed. The motion shall state the basis for such change in the permanency plan.

(c) Whenever a party seeks a permanency plan other than reunification with a parent due to aggravating circumstances as set forth in 13 Del. C. § 1103(d), the party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the next scheduled hearing, except where good cause is shown why such notice could not be timely filed. The motion shall state the applicable aggravating circumstance and shall request that DSCYF be relieved of any obligation to pursue a permanency plan of reunification with a parent. When considering this motion, the burden of proof shall be clear and convincing evidence. (d) All other motions shall be filed at least fifteen (15) days prior to the next scheduled court hearing, unless good cause is shown.

Del. Fam. Ct. R. Civ. P. 213

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