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Family Court will accept a petition for modification if it has been two-and-a-half years or more since the last child support order. No petition for modification may be filed within two-and-a-half years, unless there has been a substantial change in circumstances.
Delaware custody laws dont prescribe a certain age where a childs preference matters. Instead, a judge will weigh a childs preference according to the unique circumstances of your case. Some Delaware judges have interviewed children as young as six about their desires regarding custody.
Under Delaware law, both parents have a duty to support their child until the child is 18 years of age, or, if the child is still in high school, until the child graduates or turns 19 years of age, whichever comes first.
A custody order can only be modified in certain situations. If the original custody order that you want to change is a consent order (you and the Respondent(s) agreed to the custody arrangement), then it can be modified anytime the Court finds that it is in the best interest of the child.
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