Supreme Court of Delaware
Mullens v. Kilborne
May 21, 2018
Summary
The Supreme Court of Delaware reversed the Family Court's order vacating Father's primary residential placement and awarding Mother sole custody. The Family Court incorrectly treated Father's 1999 conviction for carrying a concealed deadly weapon as a violent felony, even though the conviction involved a nonfirearm offense classified as a class G felony. The matter was remanded for priority consideration of Father's expert evaluation in determining whether he rebutted the statutory presumption against custody.