Rule 406. Custody and Child Support [Effective Jan. 5, 2026]

(a) Continuing jurisdiction over custody. Service of a PFA petition upon a respondent that would be sufficient for an independent petition for custody shall establish continuing jurisdiction over both parties as long as:

(1) The PFA petition is pending and includes prayers for custody, or

(2) A permanent PFA order has issued that has active custody terms. In this context, initial service of an independent petition for custody may be accomplished by regular mail as provided in Rule 403(b)(3)(A). Each party shall have a continuing duty to inform the Court of any change in mailing address while any custody provisions are in effect.

(b) Custody Separate Track. If an award of custody or visitation implicates the interests of another State, then the PFA order shall specify the Court's authority to proceed under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Any subsequent custody order issued by a court of proper jurisdiction shall supersede the PFA order with regard to custody, placement, and visitation.

(1) A visitation schedule within a PFA order is a separate civil order enforceable against both parties outside the operation of Rules 402 et seq.

(2) If a custody or visitation petition is pending or is subsequently filed within the period described in subsection (a), then the interim PFA visitation schedule shall be treated as having issued incident to that petition pursuant to Rule 65.2(d).

(3) The custody or visitation provisions of the order may be enforced by either party as provided in Rule 407(c) until the date of the first Case Management Conference scheduled pursuant to Rule 16.2(a) after which the provisions are enforceable in the custody or visitation proceeding.

(c) Child Support. Service of a PFA petition upon a respondent that would be sufficient for an independent petition for child support shall establish continuing personal jurisdiction over a respondent for child support as long as:

(1) The PFA petition is pending and includes prayers for child support, or

(2) A permanent PFA order has issued that has active child support terms. In this context, initial service of independent petitions for child support may be accomplished by regular mail as provided in Rule 403(b)(3)(A). Child Support obligations assessed within a PFA order should be based upon the general principles of the Delaware Child Support Formula (Rules 500 to 510) and should not issue contrary to the multi-state jurisdictional principles of the Uniform Interstate Family Support Act

(UIFSA) . Each party shall have a continuing duty to inform the Court of any change in mailing address while any custody or support terms are in effect.

(d) Paternity. Incident to any PFA petition that addresses child support, custody, or visitation, the Court may determine parentage pursuant to the Uniform Parentage Act (UPA). With regard to any child, absent consent of the protected party, a PFA order should not award custody or visitation to or require child support from any party who does not appear on the child's birth certificate or who has not otherwise been established as or presumed by law to be the child's parent.

(e) Adjustment. If subsequent orders regarding custody, visitation, or child support issue pursuant to Title 13, the record of the PFA order may be administratively adjusted to be consistent with those orders. Copies of the adjusted orders shall be mailed to the parties. History. Adopted, effective Jan. 5, 2026.