Moving Away With a Child in Delaware: Relocation Notice, Distance Rules and Burden of Proof
In Delaware, when a custody or visitation case involves a relocation of 60 days or more outside the state or one that materially affects the arrangement, the court must consider eight factors. The statute states no notice period or burden of proof.
When does Delaware’s relocation statute apply?
When, in the course of litigation involving custody or visitation, there is a proposed relocation of a child for 60 days or more involving either a move outside the State of Delaware or a move that materially affects the current custodial and residential arrangement or order (13 Del. C. 734).
| Question | What the statute says |
|---|---|
| When it applies | In custody or visitation litigation, a proposed relocation of the child for 60 days or more |
| Triggers | A move outside Delaware, or a move that materially affects the current custodial and residential arrangement or order |
| What the court does | Must consider eight factors |
| Burden of proof | Not stated in the statute |
| Notice period | Not stated in the statute |
What factors does the court weigh in Delaware?
Eight: the nature, quality, extent of involvement and duration of the child’s relationship with the relocating individual, the nonrelocating individual, siblings and others; the child’s age, developmental stage and needs and the likely impact on physical, educational and emotional development; the feasibility of preserving the relationship with the nonrelocating individual through visitation, considering logistics and finances; the child’s preference by age and maturity; an established pattern of conduct either promoting or thwarting the child’s relationship with the other; whether the move enhances the general quality of life for both the relocating individual and the child; each side’s reasons; and any other factor affecting best interests (734(1)-(8)).
Is there a notice period or a burden of proof in Delaware?
Not in section 734. The statute lists factors only. A custody order or parenting agreement may require notice, so read yours before moving and ask a licensed Delaware attorney whether a court rule applies.
How does this fit with the contact schedule in Delaware?
The move is tested against the existing custody order and schedule: a parent who believes a change to residence, visitation or communication in a prior order or agreement is in the child’s best interests applies to the court, which grants it if the best interests would be served (728(c)).
What if a parent moves without permission in Delaware?
A parent who violates or interferes with the other parent’s custodial rights or visitation faces costs and fees and remedies such as extra visitation, a temporary transfer of the child’s primary residence for up to 30 days, a surcharge or contempt (728(b)).
What about support and the schedule after a move in Delaware?
A longer distance can change the schedule and the overnights, and the tier. Recount with the Delaware parenting time calculator and run the Delaware child support calculator.
Does a move have to be permanent to count in Delaware?
No. The statute applies to a proposed relocation of a child for a period of 60 days or more, so a long temporary stay outside Delaware, or a move that materially changes the current arrangement, can bring the eight factors into play (734).
What should you do before moving in Delaware?
Read your custody order, which may restrict the child’s residence, and ask a licensed Delaware attorney. If the move would change the schedule, ask the court for a modified order or get a written agreement first.
Frequently asked questions
Do I need permission to move with my child in Delaware?
Section 734 lists factors the court must consider in a relocation of 60 days or more; check your own order for notice or consent terms.
How many factors does Delaware use in relocation cases?
Eight, from the child’s relationships and needs to the quality of life and the reasons for the move.
Is there a distance rule for moving in Delaware?
No mileage trigger: the statute covers a move outside Delaware or one that materially affects the current arrangement.
Who decides a Delaware relocation?
The Family Court, in custody or visitation litigation.
Does a move change Delaware child support?
It can, if it changes the overnights and the tier.
Official sources
- Delaware Code Title 13, chapter 7, subchapter II: custody and visitation (13 Del. C. 722 to 734)
- Delaware Code Title 13, chapter 7, subchapter I: rights and responsibilities of parents
- Delaware Family Court: child support formula instructions
- Delaware Family Court: child support calculator
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Delaware statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Delaware attorney.