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Legal Information: Delaware

Custody

Laws current as of March 26, 2024

If I have left the home where the abuser and my children currently live, will this hurt my chances of gaining custody?

If you flee from domestic violence and temporarily leave your children behind, as long as the children are not left in immediate danger of serious physical injury, a judge is not supposed to consider this evidence of abandonment in any child custody or visitation proceeding.1 If possible, you may want to collect any evidence of abuse before you leave so that you will be able to prove to the judge that you were fleeing domestic violence for your safety.

As with all custody issues, we recommend that you talk to a lawyer about this.

1 13 Del. C. § 704A

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