How to Legally Relocate Out of State with a Child in Delaware: Notice, Consent, and Court Approval

Life changes unexpectedly, and sometimes a new job, a military transfer, or a new marriage requires you to move out of Delaware. However, when you share custody of a child, crossing state lines is not as simple as packing a moving truck. Whether you are living in Wilmington, Dover, or Newark, Delaware courts take child relocation very seriously. If you have an active custody order, moving away without the proper legal steps can result in severe consequences, including being forced to return the child or losing primary custody. Because relocation cases are among the most difficult and heavily litigated matters in family law, it is highly recommended to seek guidance from an experienced Delaware family law attorney found in our directory.

Step-by-Step Process in Delaware

If the non-relocating parent does not agree to the move, a parent cannot simply leave. A parent typically must follow the formal legal process overseen by the Family Court of the State of Delaware, Wilmington to ask a judge for permission.

Step 1: Giving Proper Notice and Seeking Consent

The best and least expensive way to relocate is by obtaining the other parent's written consent. You should notify your co-parent well in advance of the planned move. If they agree, your attorney can draft a formal stipulation outlining the new long-distance visitation schedule. This agreement must be submitted to the court for a judge's signature to become legally binding.

Step 2: Filing a Petition to Modify Custody

If the other parent refuses to consent, a moving parent typically must petition the court for permission. An attorney will file a Form 348, Delaware, Family Court, Petition to Modify Custody Order in the county where the child resides, such as the New Castle County Family Court, Wilmington. The petition should state the exact reasons for the move and propose a new visitation schedule that allows the non-moving parent to maintain a meaningful relationship with the child.

Step 3: Understanding the Burden of Proof

In Delaware, the parent requesting the move carries the "burden of proof." Under Delaware law, child relocation is governed directly by 13 Del. C. § 734, which codifies eight mandatory relocation factors that the court must evaluate in conjunction with the standard "Best Interests of the Child" factors in 13 Del. C. § 722. The judge will analyze the potential advantages of the move, the motives of the relocating parent, the motives of the parent opposing the move, the impact on the child's development, and whether a realistic visitation schedule can be created. The petition should demonstrate that the move serves the child's best interests and significantly improves the child's quality of life, not just the parent's own.

Destinations: Where Are You Moving?

The distance of your relocation plays a massive role in how the Delaware Family Court views your petition.

Neighboring States (PA / MD / NJ)

Moving just across the border-such as relocating from Newark, DE, to Elkton, MD, or from Wilmington, DE, to a Philadelphia suburb in PA-is generally easier to justify. Because the drive might only be 30 to 45 minutes, the court often recognizes that the non-moving parent can still easily attend school events, sports, and weekend visits without major disruption.

Cross-Country Moves

Relocating to Florida, Texas, or California is a much heavier lift. A cross-country move fundamentally changes the non-moving parent's relationship with the child. Instead of alternating weekends, a long-distance schedule usually shifts to giving the non-moving parent most of the summer break, spring break, and alternating winter holidays. You must present a rock-solid case showing why this extreme distance is necessary for the child's well-being.

Valid Reasons for Moving

Judges want to see concrete, child-focused reasons for a relocation. Simply wanting a "fresh start" is rarely enough to win a case.

New Job or Financial Stability

If you have been offered a highly specialized job out of state that drastically increases your income, this is a strong argument. However, you must prove that this specific job is not available locally in Delaware, and you must show exactly how the increased income will directly benefit the child (e.g., better schools, safer housing).

Military Transfers

Service members stationed at the Dover Air Force Base, Dover frequently face mandatory Permanent Change of Station (PCS) orders. Delaware courts are very familiar with military relocations and generally view mandatory military orders as a legitimate, necessary reason for relocation, though the best interests of the child are still paramount.

Marrying a New Spouse

Relocating because you married someone who lives and works in another state is common. However, the court will closely examine the new spouse's relationship with the child and whether uprooting the child from their Delaware community is justified by the new marriage.

How the Non-Relocating Parent Can Block the Move

If a parent is trying to stop the relocation, they generally must demonstrate that the move is detrimental to the child. You can argue that the move destroys the child's bond with extended family in Delaware, pulls them out of a specialized educational program, or that the relocating parent is only moving to intentionally interfere with your visitation rights.

How Much Does it Cost in Delaware?

Litigating a relocation case is complex and involves significant legal expenses.

• Court Filing Fee: Filing a Petition to Modify Custody Order costs $100 in Delaware Family Court ($90 civil filing fee plus a mandatory $10 Court Security Assessment under 10 Del. C. § 8505).
• Mediation Fees: If the court orders mediation to attempt a settlement, private mediators typically charge $150 to $300 per hour.
• Attorney Fees: Relocation trials are heavily contested. Hiring a skilled family law attorney generally requires a retainer between $3,500 and $7,500+, with total trial costs potentially exceeding $10,000 depending on the complexity of the evidence.

How Long Does the Process Take?

Do not wait until the last minute. The Delaware Family Court docket is often full. From the day you file the petition, it can take 4 to 8 months to get a final hearing before a judge if the other parent refuses to settle. If you move before the judge issues a final order, the court can legally demand you return the child to Delaware immediately.

Frequently Asked Questions (FAQ)