Ch. XVI: Protection from Abuse Proceedings · Last amended 2026 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 406 lets a PFA order carry custody and child support, keeps jurisdiction over both parties while those terms are active, and hands the questions off cleanly to a later custody or support case.
(a)Continuing Jurisdiction Over Custody. Service of a PFA petition upon a respondent that would be sufficient for an independent petition for custody shall establish continuing jurisdiction over both parties as long as:
(1)The PFA petition is pending and includes prayers for custody, or
(2)A permanent PFA order has issued that has active custody terms. In this context, initial service of an independent petition for custody may be accomplished by regular mail as provided in Rule 403(b)(3)(A). Each party shall have a continuing duty to inform the Court of any change in mailing address while any custody provisions are in effect.
(b)Custody Separate Track. If an award of custody or visitation implicates the interests of another State, then the PFA order shall specify the Court's authority to proceed under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Any subsequent custody order issued by a court of proper jurisdiction shall supersede the PFA order with regard to custody, placement, and visitation.
(1)A visitation schedule within a PFA order is a separate civil order enforceable against both parties outside the operation of Rules 402 et seq.
(2)If a custody or visitation petition is pending or is subsequently filed within the period described in subsection (a), then the interim PFA visitation schedule shall be treated as having issued incident to that petition pursuant to Rule 65.2(d).
(3)The custody or visitation provisions of the order may be enforced by either party as provided in Rule 407(c) until the date of the first Case Management Conference scheduled pursuant to Rule 16.2(a) after which the provisions are enforceable in the custody or visitation proceeding.
(c)Child Support. Service of a PFA petition upon a respondent that would be sufficient for an independent petition for child support shall establish continuing personal jurisdiction over a respondent for child support as long as:
(1)The PFA petition is pending and includes prayers for child support, or
(2)A permanent PFA order has issued that has active child support terms. In this context, initial service of independent petitions for child support may be accomplished by regular mail as provided in Rule 403(b)(3)(A). Child Support obligations assessed within a PFA order should be based upon the general principles of the Delaware Child Support Formula (Rules 500 to 510) and should not issue contrary to the multi-state jurisdictional principles of the Uniform Interstate Family Support Act (UIFSA). Each party shall have a continuing duty to inform the Court of any change in mailing address while any custody or support terms are in effect.
(d)Paternity. Incident to any PFA petition that addresses child support, custody, or visitation, the Court may determine parentage pursuant to the Uniform Parentage Act (UPA). With regard to any child, absent consent of the protected party, a PFA order should not award custody or visitation to or require child support from any party who does not appear on the child's birth certificate or who has not otherwise been established as or presumed by law to be the child's parent.
(e)Adjustment. If subsequent orders regarding custody, visitation, or child support issue pursuant to Title 13, the record of the PFA order may be administratively adjusted to be consistent with those orders. Copies of the adjusted orders shall be mailed to the parties.
End
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Adopted effective January 5, 2026.]
Plain-English Summary
A protective order often has to answer the practical question a frightened parent asks next: who has the children, and who pays for them.
Custody jurisdiction. Service of a PFA petition that would have sufficed for an independent custody petition establishes continuing jurisdiction over both parties for as long as the PFA petition is pending with custody prayers, or a permanent order with active custody terms is in force. While that lasts, an independent custody petition may be served by regular mail, and each party has a continuing duty to keep the court informed of any change of mailing address.
The separate track. Where custody or visitation touches another State's interests, the PFA order must specify the court's authority under the interstate custody act, and any later custody order from a court of proper jurisdiction supersedes the PFA order on custody, placement and visitation.
A visitation schedule inside a PFA order is a separate civil order enforceable against both parties — including against the protected party, which matters: a petitioner cannot use the protective order as a reason to ignore the contact schedule inside it. If a custody or visitation petition is pending or gets filed, the interim schedule is treated as having issued in that case. Either party may enforce the custody or visitation provisions until the first case management conference in the custody case, after which enforcement belongs there.
Child support. The same jurisdictional bridge applies. Support assessed inside a PFA order should follow the general principles of the Delaware Child Support Formula and should not issue contrary to the interstate support act.
Parentage. Where a PFA petition addresses support, custody or visitation, the court may determine parentage under the parentage act. Absent the protected party's consent, a PFA order should not award custody or visitation to, or require support from, anyone who is not on the child's birth certificate and has not otherwise been established or presumed to be the child's parent.
That is a careful piece of drafting. A summary proceeding about safety is not the place to make someone a legal parent by accident.
Adjustment. Where later custody, visitation or support orders issue, the record of the PFA order may be administratively adjusted to match, with copies mailed to the parties — so two orders about the same children do not sit in the system contradicting each other.
Frequently Asked Questions
Can a Delaware PFA order decide custody?
Yes. Service of a PFA petition sufficient for an independent custody petition establishes continuing jurisdiction over both parties while the petition with custody prayers is pending or a permanent order with active custody terms is in force.
Can a PFA order include child support?
Yes, on the same jurisdictional basis. Support assessed in a PFA order should be based on the general principles of the Delaware Child Support Formula and should not issue contrary to the interstate support act.
What happens when a separate custody case is filed?
Any subsequent custody order from a court of proper jurisdiction supersedes the PFA order on custody, placement and visitation, and enforcement moves to the custody proceeding after the first case management conference.
Can a PFA order name someone a parent?
The court may determine parentage under the parentage act. Absent the protected party's consent, a PFA order should not award custody or visitation to, or require child support from, a person who does not appear on the child's birth certificate and has not otherwise been established or presumed by law to be the child's parent.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 406), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:PFA custody DelawarePFA child support Delawarevisitation in protective order DelawareFam. Ct. Civ. R. 406