Delaware Code

10 Del. C. § 1031 (2026)

Disposition

✓ current as of May 2026
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In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may:

(1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order payment of support for the child. A police officer may enter private property to take physical custody of a child to enforce the Court’s custody order when such order requests the assistance of a police officer;

(2) Order a child’s custodian to exercise such care and perform such acts as may be reasonably necessary to insure that the child shall obey the law and receive necessary care;

(3) Consent to a child’s employment, or to enlistment into the armed forces, or to receiving medical care as may be required by law;

(4) Order a person under a duty to do so to pay through the Court or the Division of Child Support Services or directly to the spouse/ex-spouse or to the custodian of the child reasonable support for the spouse and/or child. And in such cases as the Court may deem appropriate enter an order of final judgment as to any past due support which judgment shall not be subject to subsequent modification by the Court;

(5) In an action to prevent a family member from conduct that imperils the family relationship, order the defendant to desist from the acts complained of, or order individual or family counseling with the court staff or with any appropriate counseling agency, or enter such other order as may be required;

(6) May commit an adult with a mental disorder or incapacity, or intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State which will consent to receive the person.

(7) [Repealed.]

10 Del. C. 1953, §  950;  58 Del. Laws, c. 114, §  160 Del. Laws, c. 279, §  160 Del. Laws, c. 647, §  165 Del. Laws, c. 243, §  169 Del. Laws, c. 160, §  169 Del. Laws, c. 173, §  169 Del. Laws, c. 335, §  169 Del. Laws, c. 378, §  170 Del. Laws, c. 186, §  176 Del. Laws, c. 136, §  777 Del. Laws, c. 43, §  378 Del. Laws, c. 179, §  2279 Del. Laws, c. 371, §  880 Del. Laws, c. 234, § 383 Del. Laws, c. 461, § 1

Part D

Protection From Abuse Proceedings

Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: Whitmore v. Robinson (Del. 2019).
Whitmore v. Robinson (Del. 2019). “accept the suggestion that an incarcerated parent can provide for a child’s “necessary care” as it relates to food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general…”
Whitmore v. Robinson (Del. 2019). “can provide for a child’s “necessary care” as it relates to food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general well-being by proxy through friends and family, however;…”
— 10 Del. C. § 1031(2) — 2 cases
Whitmore v. Robinson (Del. 2019). “accept the suggestion that an incarcerated parent can provide for a child’s “necessary care” as it relates to food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general…”
Whitmore v. Robinson (Del. 2019). “can provide for a child’s “necessary care” as it relates to food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general well-being by proxy through friends and family, however;…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.