Full question:
My ex-husband and I have had one week-on, one-week off joint custody of our daughter since she was a baby. Recently, my daughter went to her father's house and said she was not given enough freedom at my home. It has been 14-weeks and she refuses to come back. Now, her father is seeking child support. I do not want to give up my daughter and feel she needs to be at both homes. Do I have any options?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Delaware
Answer:
In custody matters, a child cannot unilaterally decide where to live; any changes must be made through the court. If your daughter is refusing to return, this could be considered a significant change in circumstances. You can file a petition to modify the custody arrangement, but the court will prioritize the best interests of the child. Child support can also be modified if there's a significant change in circumstances, such as changes in income or living situations. According to Delaware law, a party seeking to modify custody must file a verified petition outlining the reasons for the request (13 Del. C. § 730). The court can modify custody only if it finds that the change serves the child's best interests and meets the criteria set forth in the law. If a modification is sought within two years of the last order, the court must find that the current arrangement endangers the child's health or emotional development (13 Del. C. § 729). If you believe the current custody arrangement is in the best interest of your daughter, you should consult with a family law attorney to explore your options and understand the process of filing a modification request.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.