Can I Move Out of State with My Child in Delaware?

If you have a custody order in Delaware and want to relocate with your child — whether across the state or across the country — you cannot simply pack up and go. Delaware law and the Preliminary Injunction issued in every custody case require court approval before a parent can permanently remove a child from the state. Moving without permission can result in contempt of court, loss of custody, or worse.

The Preliminary Injunction Restriction

The moment a custody petition is filed in Delaware Family Court, a statutory Preliminary Injunction prohibits both parents from permanently removing the child from Delaware without the prior written consent of the other parent or court approval. This injunction takes effect against the petitioner upon filing and against the respondent upon service.

This restriction stays in place throughout the proceedings and can be incorporated into the final custody order. It's not a suggestion — violating it can result in contempt charges, sanctions, and an emergency modification of custody.

How to Request Court Approval for Relocation

If you need to move and want to take your child with you, the process requires:

File a petition to modify the existing custody order. The relocation itself constitutes a "substantial change in circumstances" under 13 Del. C. § 729, which is the legal threshold for modifying a custody order.

Provide detailed information about the move. Courts want specifics: the reason for the move (job opportunity, family support, remarriage), the proposed new location, housing arrangements, the child's new school, and — critically — a proposed modified parenting schedule that preserves the other parent's relationship with the child.

Demonstrate the move serves the child's best interests. Under the best-interest factors at 13 Del. C. § 722, the relocating parent must show the move benefits the child, not just the parent. A better job that means better financial stability for the child carries weight. Moving to be closer to a new partner, without other benefits to the child, is harder to justify.

What Judges Evaluate in Relocation Cases

Delaware courts weigh several factors when deciding whether to permit relocation:

The reason for the move. A genuine career opportunity, proximity to extended family support, or escape from an unsafe environment strengthens the request. A move that appears designed to limit the other parent's access weakens it significantly.

The impact on the child's relationship with the non-relocating parent. This is often the deciding factor. Judges examine whether the proposed modified schedule preserves meaningful, regular contact. A parent who presents a detailed alternative schedule — including video calls, extended summer visits, and holiday rotations — demonstrates good faith.

The child's ties to Delaware. How long has the child lived here? How established are their school friendships, activities, and community connections? Uprooting a teenager with deep local ties is a harder sell than relocating a preschooler.

The feasibility of a modified schedule. Distance matters practically. Moving from Wilmington to Philadelphia (30 miles) barely disrupts a schedule. Moving from Wilmington to Seattle fundamentally changes the parenting dynamic. The court evaluates whether the proposed alternative is realistic — not just on paper, but in practice.

The other parent's willingness to cooperate. A non-relocating parent who reflexively opposes the move without engaging on alternatives may undermine their own position. Courts want to see both parents working toward a solution that serves the child.

What Happens if You Move Without Permission

Moving without court approval is one of the most damaging things you can do in a custody case. The consequences can include:

• Contempt of court — fines, sanctions, or even jail time
• Loss of custody — the court may transfer primary custody to the parent who stayed in Delaware
• Negative inference — the move is treated as evidence that you're willing to disregard the child's relationship with their other parent, which weighs heavily against you in future custody decisions

Even if you believe the move is urgently necessary (for safety reasons, for example), file an emergency motion first. Courts are far more sympathetic to parents who follow the process than to parents who act unilaterally.

When the Other Parent Wants to Relocate

If your co-parent files a relocation request and you oppose it, you have the right to contest the modification. Present evidence on the best-interest factors, propose an alternative schedule if the move is approved, and document the child's existing ties to their Delaware community.

The Delaware Child Custody & Parenting Plan Guide covers relocation rules within the broader custody modification framework, including how to build a relocation proposal or opposition that addresses every factor Delaware judges evaluate.

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