Supreme Court of Delaware
Gifford v. Miller
October 6, 2023
Summary
The Supreme Court of Delaware affirmed the Family Court’s custody and attorney-fee orders. It held that Mother’s attempted federal removal neither divested the Family Court of jurisdiction nor was timely, that Delaware retained continuing and exclusive jurisdiction because the Child lived there when the custody proceeding began and Father continued to reside there, and that the Family Court properly applied the best-interests and relocation factors. The Court also upheld the contempt finding and attorney-fee award because the record supported Mother’s violations of the custody agreement.