What are the steps in a child custody dispute?

A child custody dispute in Delaware is a legal process that occurs in family court and determines which parent will have legal or physical custody of a child. The court typically prefers for the parents to reach an agreement rather than leaving the decision to a judge; however, if the parents cannot agree, the judge may have to make a decision. The first step in a child custody dispute is typically filing a complaint in family court. This begins the process and informs the other parent that a lawsuit has been filed and that he or she must respond or appear in court. A hearing date is then set, and the parties must exchange information, such as financial records and legal documents, before the hearing. At the hearing, the judge will listen to evidence from both sides and consider arguments from each parent about why he or she should have custody. The judge may also ask a guardian ad litem (GAL) to investigate and make recommendations about which parent should have custody. The GAL typically interviews both parents, the child, and other parties involved, such as caregivers. The judge will then make a decision based on the evidence and the recommendation of the GAL. The decision made by the judge will be legally binding, meaning that both parents must adhere to the terms of the ruling.

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