Supreme Court of Delaware

Stevens v. Brown

November 25, 2014

Summary

The Supreme Court affirmed the Family Court’s default custody and visitation order granting Mother sole custody and Father visitation. It held that the prior protection-from-abuse order did not preclude a later custody petition because the Family Court had expressly declined to enter a permanent custody provision, and it found no abuse of discretion in entering default after Father failed to participate despite notice. The Court also denied Father’s motion for a stay pending appeal because the Family Court properly applied the governing four-part test.