Hiring a Child Custody Lawyer in Delaware
How courts in Delaware decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| How custody is decided | The Family Court decides legal custody and residential arrangements based on the child's best interests, considering the parents' wishes, the child's wishes, the child's relationships with parents, grandparents, siblings and household members, adjustment to home, school and community, the mental and physical health of everyone involved, each parent's past and present compliance with parental responsibilities, domestic violence, and criminal history. The court may not presume either parent is better qualified because of sex. No fixed age is set for the child's wishes. Re-verified 2026-10-27. Source: 13 Del. C. § 722 |
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| Emergency custody | Under Family Court Civil Rule 65.2, Family Court offers emergency or expedited relief only in extraordinary circumstances. For an Emergency Ex Parte Order, you must have filed (or the other party must have filed) a petition, such as for custody, and file a Motion and Affidavit for Emergency Ex Parte Order (Form 650) explaining how immediate and irreparable harm will result if relief is not granted, with a good-faith attempt to mail a copy to the other party. A Hearing Officer reviews it the same or next business day, usually without notice to the other party, and will either issue an ex parte order with a hearing within 15 days, deny it but schedule an emergency hearing, or deny it and send the case through the usual process. Other options are a Motion for Priority Scheduling, a Motion for Interim (Temporary) Relief and a Temporary Visitation Order. Protection-from-abuse cases use a separate form (Form 654). |
| Parenting classes | Yes. When there are children of the marriage up to age 17, the court orders the parties to pay for and complete a certified Parenting Education Course of at least 4 hours, unless the court decides on motion that it is not necessary. A party with a history of domestic violence must take a more intensive course. The court will not move forward until all required certificates are filed. |
| Grandparents' rights | A grandparent (or aunt, uncle, adult sibling, or another adult with a substantial and positive prior relationship with the child) may petition for third-party visitation. Before granting it, the court must find visitation is in the child's best interests and, for each parent, that the parent consents, the child is dependent, neglected or abused in that parent's care, the parent has died, or the parent objects but the petitioner proves by clear and convincing evidence that the objection is unreasonable and that visits will not substantially interfere with the parent-child relationship. Re-verified 2026-10-27. Source: 13 Del. C. §§ 2410, 2412 |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.