Stone v. Smith

Summary

The Supreme Court of Delaware affirmed the Family Court's dismissal of the Mother's petition to modify custody and denial of her motion for reargument. The Court held that the prior custody order followed a full hearing on the merits, so the Mother was required to plead that continued enforcement could endanger the Children's physical health or significantly impair their emotional development, which she failed to do. The Court also concluded that the Mother waived challenges to the prior custody proceedings and that the record did not support her claim of judicial bias.