There are many reasons why people decide not to get an arrest warrant from a judge. Some people decide not to get a custody order because they do not want to involve the courts. Some parents enter into an informal agreement that works well for them. Some parents may think that the court will provoke the other parent, or they are afraid that the other parent will have custody or visitation. For example, if a family lives in State A for one year, State A is the state of origin. If the same family lived in State A for one year and a parent moved with the children to State B and enrolled in State B after living in State B for only four months, State A is still the state of origin.1 As with all custody matters, we advise you to speak with a lawyer. Delaware`s child protection laws are considered by parents to be common natural guardians of their child. This means that none of the parents is automatically promoted by Delaware law as being more appropriate for custody. If one or both parents wish to separate or divorce legally, they can each file an application in which they ask the court to assign custody to one of them. As soon as a petition is filed with the family court, an injunction is issued to the parent who started the petition and to the other parent who must respond. The order of reference orders both parents to retain the child`s permanent residence in Delaware while the proceedings are ongoing (unless the other parent or court`s authorization is granted) and it also orders the entire family to take an education class. Once a subpoena and a copy of the petition have been served on the respondent, the parents may be referred to court for mediation.

Although this is a common practice, there are cases where mediation can be circumvented and a trial date is immediately assigned, for example. B in a case where domestic violence is a problem or where there is already no contact decision. During mediation, both parents will work with their mediator to draft a custody contract and contact plan. If the parents are able to obtain a custody agreement during mediation, they will complete and immediately sign a notice of agreement.