A writ of habeas corpus may be procured by 1 spouse living apart from the other, without being divorced, to determine the proper custody or charge of a minor child of the marriage, and orders may be made thereon, as provided by § 705 of Title 13 [repealed].

16 Del. Laws, c. 477, § ?1; Code 1915, § ?4495; Code 1935, § ?4947; 10 Del. C. 1953, § ?6904; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 10 Sec. 6904

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.