Del. C. » Title 13 — · CHAPTER 19. Uniform Child Custody Jurisdiction and Enforcement Act · Domestic Relations
Delaware Code

13 Del. C. § 1920 (2026)

Initial child custody jurisdiction

✓ current as of May 2026
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(a) Except as otherwise provided in § 1923 of this title, a court of this State has jurisdiction to make an initial child custody determination only if:

(1) This State is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under § 1926 or § 1927 of this title; and

a. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and

b. Substantial evidence is available in this State concerning the child’s care, protection, training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under § 1926 or § 1927 of this title; or

(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3) of this subsection.

(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this State.

(c) Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.

73 Del. Laws, c. 426, §  1; 
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2004–2025 · leading case: Adoption House, Inc. v. A.R., 820 A.2d 402 (Del. Fm. Ct. 2004).
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Adoption House, Inc. v. A.R., 820 A.2d 402 (Del. Fm. Ct. 2004). “13 Del. C. § 1920(b) 10 . § 1920 Initial child custody jurisdiction.”
Gifford v. Miller (Del. 2023). “17 13 Del. C. § 1920(a). 12 Custody Agreement as a court order on February 22, 2021.”
Burk v. Kurtis (Del. 2025). “11 (9) We construe Mother’s argument that Paternal Grandparents allegedly failed to protect Mother and the Child from the seriousness of Father’s mental health diagnoses as an argument that the Family Court erred when it found that Paternal Grandparents had established that…”
13 Del. C. § 1920(a): 2 cases
Gifford v. Miller (Del. 2023). “17 13 Del. C. § 1920(a). 12 Custody Agreement as a court order on February 22, 2021.”
Burk v. Kurtis (Del. 2025). “11 (9) We construe Mother’s argument that Paternal Grandparents allegedly failed to protect Mother and the Child from the seriousness of Father’s mental health diagnoses as an argument that the Family Court erred when it found that Paternal Grandparents had established that…”
13 Del. C. § 1920(b): 1 case
Adoption House, Inc. v. A.R., 820 A.2d 402 (Del. Fm. Ct. 2004). “13 Del. C. § 1920(b) 10 . § 1920 Initial child custody jurisdiction.”
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