How Do I Get Emergency Custody of My Child in Delaware?
If you believe your child is in immediate danger, Delaware Family Court has procedures that allow a parent to request emergency custody.
However, emergency custody is reserved for truly urgent situations. It is not designed for routine disagreements between parents.
What Does “Immediate and Irreparable Harm” Mean?
To obtain emergency relief — especially without notifying the other parent — you must show that your child faces immediate and irreparable harm.
In practical terms:
• Immediate means action must be taken right away.
• Irreparable means the harm cannot be undone or adequately fixed later.
• Harm refers to serious damage to a child’s physical safety, emotional wellbeing, or legal rights.
The court applies a high standard. General conflict or parenting disagreements usually do not qualify.
Situations That May Justify Emergency Custody
Every case is fact-specific, but examples that may meet the emergency standard include:
• Ongoing physical or sexual abuse
• Serious neglect
• A parent driving under the influence with the child
• Exposure to dangerous criminal activity
• A pending DFS investigation involving safety concerns
• A medical emergency being ignored
• Residing with a registered sex offender
• Severe substance abuse affecting the child’s safety
The key issue is whether the child is at risk right now.
Situations That Typically Do Not Qualify
The court generally will not grant emergency custody for:
• Disagreements about parenting styles
• Missed child support payments
• Tension with a new partner
• Minor scheduling disputes
• Events that occurred long ago with no ongoing risk
If the issue is serious but not urgent, filing a petition to modify custody may be more appropriate.
What Must Be Filed?
To seek emergency custody, you must first have a custody case before the court.
This may involve filing:
• A Petition for Custody (if no order exists), or
• A Petition to Modify Custody (if an order already exists)
To request emergency relief without notice to the other parent, you file a Motion and Affidavit for Emergency Ex Parte Order.
The motion must explain:
1) Why the court should act without notifying the other parent; and
2) What immediate and irreparable harm will occur if relief is not granted.
The court often reviews emergency motions the same day. If granted, a full hearing is generally scheduled within 15 days so the other parent has an opportunity to be heard.
What About a Protection From Abuse (“PFA”)?
If domestic violence has occurred or is likely to occur, you may file a Petition for Protection From Abuse (“PFA”).
A PFA can:
• Provide temporary custody relief
• Restrict contact
• Address safety concerns
There is no filing fee for a PFA, and emergency hearings may be available the same day in serious cases.
Interim Relief vs. Emergency Relief
If the situation does not meet the immediate and irreparable harm standard, you may file a Motion for Interim Relief.
Interim relief:
• Requires notice to the other parent
• May take days or weeks
• Results in a temporary order until a full hearing is held
Choosing the correct procedural path matters.
Emergency Custody Representation in Delaware
At Maven Law, we represent parents throughout Wilmington, Hockessin, and across Delaware in emergency custody and custody modification proceedings.
If you believe your child is at risk, contact our office immediately so we can evaluate your options and determine the appropriate course of action.
