How to File for Custody in Delaware Without a Lawyer

Filing for custody in Delaware without an attorney is completely legal — the Family Court processes thousands of pro se petitions every year. But the court's rigid procedural timelines mean one missed form or deadline can get your entire case dismissed. Here's the exact sequence you need to follow.

Step 1: Confirm You Meet Residency Requirements

At least one parent must have lived in Delaware (or been stationed there as military) continuously for at least six months before filing. This requirement is verified under oath in your initial petition.

Step 2: Prepare Your Filing Packet

You need three forms to start a custody case in Delaware Family Court:

• Petition for Custody (Form 345) — States what custody arrangement you're requesting and why
• Custody Separate Statement (Form 346) — Background information about the child, both parents, and current living arrangements
• Information Sheet (Form 240) — Basic identifying information the court uses for case management

All forms are available free from the Delaware Family Court website. You can file them electronically through the File & Serve Delaware portal, by email to [email protected], or in person at the Family Court in the county where either parent lives.

Step 3: Pay the Filing Fee

The standard filing fee is approximately $175 (a $165 base fee plus a $10 court security assessment). Electronic filings also carry a $1.25 technology fee per document.

If you can't afford the fee, file a notarized Affidavit in Support of Application to Proceed In Forma Pauperis to request a complete waiver.

Step 4: Understand What Happens After Filing

Two things happen immediately when you file:

The Preliminary Injunction activates. This court order prevents both parents from permanently removing the child from Delaware without written consent or court approval. It takes effect against you the moment you file and against the other parent once they're served.

The 180-day clock starts. Both parents must complete an approved Parent Education Class within 180 days of the petition's filing date. If you're the petitioner and you don't submit a Certificate of Completion by that deadline, your case gets dismissed — no extensions, no excuses.

Step 5: Serve the Other Parent

The court arranges service through a court process server or sheriff. If the other parent lives out of state, service goes via certified mail. If you can't locate them, you'll need to file an Affidavit of Unknown Address (Form 241) to request permission for service by newspaper publication.

The other parent then has exactly 20 calendar days to file an Answer. Missing that window can result in a default judgment granting your custody requests.

Step 6: Complete the Form 364 Disclosure Report

Before mediation or your first court appearance, both parents must file the Custody, Visitation, and Guardianship Disclosure Report (Form 364). This is a detailed disclosure covering your proposed schedule, parenting habits, household stability, and any safety concerns.

If mediation is bypassed (in domestic violence cases), each party must exchange Form 364 at least 7 days before the first court appearance.

Step 7: Attend Mandatory Mediation

Unless there's an active Protection from Abuse order or a registered sex offender is involved, every case goes through mandatory mediation with a court-employed mediator. If you reach agreement, the mediator drafts a Consent Order that becomes a binding court order.

If mediation fails, the case gets assigned to a judge for trial.

Common Pro Se Mistakes to Avoid

Filing in the wrong county. File in the Family Court of the county where either parent currently resides — not where the child goes to school or where you used to live together.

Forgetting the parent education class. The 180-day dismissal rule is the single most common reason pro se petitions fail. Register for an approved class immediately after filing.

Leaving Form 364 incomplete. Judges and mediators read this document closely. Vague or incomplete disclosures weaken your position before you even sit down.

The Delaware Child Custody & Parenting Plan Guide provides a complete filing checklist, Form 364 walkthrough, and mediation prep worksheets designed specifically for pro se parents navigating Delaware Family Court.

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