Rule 87.2.Venue and transfer of action between counties

Ch. XI: General Provisions · Last amended 2021 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 87.2 lets a petition be filed in any county, keeps it there unless venue is changed, lists the reasons the court may move it, and forbids dismissing a case merely because it was filed in the wrong place.

Full Text of Rule 87.2

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) A Petition may be filed in any county.

(b) “Venue” is the legally proper physical location where a particular petition should be handled.

1. A Motion to Transfer Venue is filed by a party or a party's counsel and is granted.

2. The Court on its own changes the venue to another county.

3. The petitioner designates another county in the case caption.

(d) The Court may on its own Order a Change in Venue for the following reasons:

1. There is an existing file in another county involving the same parties regarding the same or similar issues.

2. The Petition seeks to modify an Order entered in another county.

3. The parties have relocated to another county.

4. In custody and guardianship cases, the children have relocated to another county.

5. Venue is required to be in another county by statute.

6. A Judge in any county has previously ordered that venue will be in an identified county.

7. Any other legal or equitable reason permitted by law.

(e) A Petition that is filed in the incorrect county shall not be dismissed but shall instead be transferred to the correct county.

(f) If a Petition is transferred to another county, the original open petition(s) and certified copies of all court and social records shall accompany the transfer.

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.

[Amended effective December 1, 2021.]

Plain-English Summary

File anywhere. A petition may be filed in any county. The rule then defines venue in plain words — the legally proper physical location where a particular petition should be handled — which is a rare and welcome thing in a rulebook.

Where it is heard. A petition is heard in the county where it was filed unless a motion to transfer venue is filed and granted, the court changes venue on its own, or the petitioner designates another county in the caption.

Why the court moves a case. On its own, the court may order a change of venue where there is an existing file in another county involving the same parties and the same or similar issues; where the petition seeks to modify an order entered in another county; where the parties have relocated; where, in custody and guardianship cases, the children have relocated; where a statute requires venue elsewhere; where a judge has previously ordered that venue will be in an identified county; or for any other legal or equitable reason the law permits.

Read the list and the theme is obvious: keep a family's business in one place, and keep it near the children.

Wrong county is not fatal. A petition filed in the incorrect county shall not be dismissed — it is transferred to the correct one. Nobody loses a case, or a filing date, over a map.

What travels. On a transfer, the original open petitions and certified copies of all court and social records accompany the case, so the receiving county starts with the whole history rather than a fresh file.

Frequently Asked Questions

Which Delaware county do I file my Family Court petition in?

A petition may be filed in any county, and is heard in the county where it was filed unless venue is transferred on motion, changed by the court on its own, or another county is designated by the petitioner in the caption.

What happens if I file in the wrong county?

The petition shall not be dismissed. It is transferred to the correct county.

Why would the court move my case to another county?

Among the listed reasons: an existing file elsewhere involving the same parties and issues, a petition to modify an order entered in another county, the parties' relocation, the children's relocation in custody and guardianship cases, a statutory venue requirement, a prior judicial order fixing venue, or any other legal or equitable reason permitted by law.

Does my file follow the case to the new county?

Yes. The original open petitions and certified copies of all court and social records accompany the transfer.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 87.2), 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: venue Delaware Family Courttransfer between counties Delaware family courtmotion to transfer venue DelawareFam. Ct. Civ. R. 87.2