Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2022 | Updated by FindLaw Staff
(a) When emergency custody or other emergency relief is sought by DSCYF, the Court may issue an ex parte order awarding emergency custody to DSCYF and order removal of a child from the home upon the establishment that:
(1) Continuation in the home is contrary to the welfare of the child; and
(2) Probable cause exists to believe that:
a. A child continues to be in actual physical, mental or emotional danger or there is a substantial imminent risk thereof or;
b. Immediate or irreparable harm may result to the child if such an order is not issued.
(b) Prior to granting an adjudicatory order for DSCYF custody, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that:
(1) As to each parent, the child is dependent, neglected or abused;
(2) It is in the child’s best interests to be in DSCYF custody.
(c) Should the elements of subsection (b) of this section be met, the Court shall also determine after a hearing on the merits or accept the agreement of the parties, the nature and extent, if any, of any contact, sharing of information and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard set forth in § 722 of this title, unless Chapter 7A or § 728(d)-(f) of this title apply.
Cite this article: FindLaw.com - Delaware Code Title 13. Domestic Relations § 2512. Grounds for DSCYF custody; preliminary injunction - last updated January 01, 2022 | https://codes.findlaw.com/de/title-13-domestic-relations/de-code-sect-13-2512/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)