Delaware Child Custody Legal Questions

Because your original custody order was issued in New Jersey, that state retains what's called "continuing exclusive jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—which both New Jersey and Delaware follow—until certain conditions are met. Typically, jurisdiction can shift to Delaware if: Neither parent (nor the child) lives in New Jersey anymore, or New Jersey finds that it no longer has a significant connection to the child and agrees to let Delaware take over. Registering the New Jersey order in Delaware is a necessary first step, but that alone does not automatically give Delaware jurisdiction to modify it. You may need to file in New Jersey first to either request a transfer of jurisdiction or seek a modification there if New Jersey still qualifies as the home state. Given the serious allegations about the father's behavior, you should also consider whether an emergency custody filing is warranted under Delaware law once the order is registered. That can sometimes temporarily override normal jurisdictional rules. These are complex jurisdictional and procedural issues, especially when your child's safety is involved. While my focus is as an appellate lawyer handling custody appeals and complex jurisdictional issues, I recommend working closely with a Delaware family law attorney who can coordinate efforts with counsel in New Jersey if necessary.... Read More

Almost 99% of lawyers will butter up the statement and reassure you yes they will fight to get you full custody of your kids when in reality they don't know the facts of the case before they earn your business and payment. After that, they realize they can't get full custody and you are stuck with joint and or 60/40. Anyhow, fighting for full custody requires time and financial commitment. You will also need a competent and aggressive attorney that will fight tooth and nail for your kids in court. This is something we specialize in and looking forward to hearing from you. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in DE.... Read More

Almost certainly, yes, but just because the court considers such evidence does not mean that the court will find it a compelling reason to award you child custody. If the parent's current circumstances are stable and sober, the past usually doesn't weigh all that heavily on the here and now decisions before the court (some judges are exceptions, but that's my general view).... Read More

As a parent, you are charged with putting your child's long term best interests and stability first, before your own needs, desires, and dreams, and before the father's needs, desires, and dreams. The fact that when you wrote your question your main fear was what would happen to you, if you disobeyed the court order is a red flag. Because the court has issued a restraining order protecting the child's best interest, your desire to allow her father to see her may well be a sign that you cannot properly put her interests first. If you were to disobey the court's orders, it would certainly be a factor in deciding if you are a fit person to protect and raise this child. A person does not change overnight, he must show long term stability and non-violence (even in the face of difficult circumstances), otherwise he has not really changed. See how his life is going after 6 months months, then get advice from a counselor, and see if it would be a good thing for her to be around him regularly again. Listen to the court on this issue, if they issued protective orders, it was probably for a good reason. Let the protections that the court put in place, actually protect her.... Read More