Delaware Code Title 13 Sec. 1925 – Simultaneous proceedings
(a) Except as otherwise provided in § 1923 of this title, a court of this State may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this State is a more convenient forum under § 1926 of this title.
Terms Used In Delaware Code Title 13 Sec. 1925
- Child: means an individual who has not attained 18 years of age. See Delaware Code Title 13 Sec. 1902
- Child custody determination: means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. See Delaware Code Title 13 Sec. 1902
- Child custody proceeding: means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. See Delaware Code Title 13 Sec. 1902
- Commencement: means the filing of the first pleading in a proceeding. See Delaware Code Title 13 Sec. 1902
- Court: means the Family Court of the State. See Delaware Code Title 13 Sec. 1902
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Modification: means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Delaware Code Title 13 Sec. 1902
- State: means a State of the United States, the District of Columbia, Puerto Rico, the United State Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 13 Sec. 1902
(b) Except as otherwise provided in § 1923 of this title, a court of this State, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 1928 of this title. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this State shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.