Delaware Code

13 Del. C. § 721 (2026)

Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations

✓ current as of May 2026

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(a) A child custody proceeding is commenced in the Family Court of the State, or as otherwise provided by law, by a parent filing a petition seeking custody of the child in the county where the child is permanently a resident or where the child is found.

(b) Notice of a child custody proceeding shall be given to the child’s parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The Court may, upon a showing of good cause, permit the intervention of other interested parties.

(c) The Court may, in the interest of the child, appoint an attorney to represent the child in the proceedings. A fee for an attorney so appointed shall be allowed as part of the costs of the proceeding.

(d) Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court. The preliminary injunction shall be effective against the petitioner upon the filing of the petition for custody or visitation and upon the respondent upon service of a copy of the petition.

(e) A custody proceeding between parents shall be determined in accordance with §§ 722, 729 and Chapter 7A of this title, whichever shall apply.

59 Del. Laws, c. 569, § 4; 66 Del. Laws, c. 312, § 1; 67 Del. Laws, c. 236, § 1; 69 Del. Laws, c. 309, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 43, § 4; 84 Del. Laws, c. 42, § 1;

Notes of Decisions

Cited in 5 cases, 1975–2020 · leading case: Husband, P v. Wife, P, 348 A.2d 327 (Del. 1975).

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Husband, P v. Wife, P, 348 A.2d 327 (Del. 1975). “13 Del.C. § 721, etc. * * * * * * Appeal dismissed.”

Nash v. Wilson (Del. 2019). “5 13 Del. C. § 721(c). 6 Lindh v. Randolph, 1987 WL 36087 , at *3 (Del.”

Kennedy v. DFS (Del. 2019). “20 See generally 13 Del. C. § 721(c) (providing that, in a custody proceeding, the Family Court “may, in the interest of the child, appoint an attorney to represent the child in the proceedings”); DEL.”

Morgan v. Joseph (Del. 2020). “2 2 See 13 Del. C. § 721(d) (“Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the…”

Roberts v. Blocker (Del. 2020). “12 13 Del. C. § 721(c). See also 10 Del. C. § 925(14) (providing that Family Court has the power to appoint guardians ad litem).”

— 13 Del. C. § 721(c) — 3 cases

Nash v. Wilson (Del. 2019). “5 13 Del. C. § 721(c). 6 Lindh v. Randolph, 1987 WL 36087 , at *3 (Del.”

Roberts v. Blocker (Del. 2020). “12 13 Del. C. § 721(c). See also 10 Del. C. § 925(14) (providing that Family Court has the power to appoint guardians ad litem).”

— 13 Del. C. § 721(d) — 1 case

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