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DE HB181

Bill

Status

Introduced

6/6/2019

Primary Sponsor

Sean Lynn

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Adds Chapter 7B to Title 13 of Delaware Code, codifying the Model Relocation Act for child relocation cases in Family Court.

  • Requires individuals with custody or visitation rights to notify other entitled parties of proposed child relocation or change of residence at least 60 days in advance (or 10 days if the timing was not reasonably foreseeable), including specific information about the intended move and proposed revised visitation schedule.

  • Permits relocation if no objection is filed within 30 days of notice; allows court to issue temporary orders restraining relocation or ordering a child's return if proper notice was not given.

  • Establishes eight factors courts must consider when deciding contested relocation cases, including the child's relationships, developmental needs, quality of life impact, child's preferences, and feasibility of maintaining relationships through visitation.

  • Places burden of proof on the relocating individual to demonstrate the relocation is made in good faith and in the child's best interest; allows courts to impose sanctions including contempt findings, attorney's fees, and custody modifications for failure to provide required notice.

Legislative Description

An Act To Amend Title 13 Of The Delaware Code Regarding Adoption Of The Model Relocation Act.

Last Action

Reported Out of Committee (Judiciary) in House with 2 Favorable, 6 On Its Merits

6/12/2019

Committee Referrals

Judiciary6/6/2019

Full Bill Text

No bill text available