DE · rules
Del. Fam. Ct. Civ. R. 213
Motion to change legal custody or permanency plan; aggravated circumstances; motions in general
(a) Whenever a party seeks a change in legal custody pursuant to 13 Del. C. § 2513, the party
shall file a motion notifying the Court and all parties at least fifteen (15) days prior to the
next scheduled hearing, except where good cause is shown why such notice could not be
timely filed. The motion shall state the basis for such change in legal custody.
(b) Whenever a party seeks a change in the permanency plan established under Rule 216, the
party shall file a motion notifying the Court and all parties at least fifteen (15) days prior to
the next scheduled hearing, except where good cause is shown why such notice could not be
timely filed. The motion shall state the basis for such change in the permanency plan.
(c) Whenever a party seeks a permanency plan other than reunification with a parent due to
aggravating circumstances as set forth in 13 Del. C. § 1103(d), the party shall file a motion
notifying the Court and all parties at least fifteen (15) days prior to the next scheduled
hearing, except where good cause is shown why such notice could not be timely filed. The
motion shall state the applicable aggravating circumstance and shall request that DSCYF be
relieved of any obligation to pursue a permanency plan of reunification with a parent. When
considering this motion, the burden of proof shall be clear and convincing evidence.
(d) All other motions shall be filed at least fifteen (15) days prior to the next scheduled court
hearing, unless good cause is shown.
History
Amended Jan. 28, 2015, effective Apr. 20, 2015.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
baae2e42876c5d295ffdd97535d9722623592d446cec4954cb7d53049d4a5791
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