Commencement of action

Family Court Civil Rules

Rule: 204

Jurisdiction: DE

Bluebook Citation: Del. Fam. Ct. Civ. R. 204

(a) DSCYF custody proceedings shall be commenced by: (1) DSCYF filing in this Court a written petition setting forth the facts verified by affidavit in accordance with 13 Del. C., Ch. 25; (2) A verbal request by DSCYF for an emergency ex parte Order for custody of a child verified by verbal affidavit in accordance with 13 Del. C. § 2512. DSCYF shall thereafter file a petition and verified affidavit with the Court by noon the following business day; or (3) The Court, by written or verbal order, sua sponte grants custody of a child to DSCYF as a result of another proceeding in this Court. Upon the entry of the sua sponte order, DSCYF shall be notified of the Court’s action and DSCYF shall thereafter file a petition and verified affidavit with the Court by noon the following business day. (b) A copy of the petition shall be served upon the respondent(s) pursuant to Rule 4. History. Amended Jan. 28, 2015, effective Apr. 20, 2015.

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