New Castle County Family Court Overview
Delaware Family Court is a state trial court with its own statewide jurisdiction. In New Castle County, Family Court operates out of the Leonard L. Williams Justice Center in downtown Wilmington. The court is one of five trial-level Delaware courts, and it has a sharp focus: it handles the domestic and juvenile cases that other courts do not. Superior Court, Court of Common Pleas, and the Justice of the Peace Court do not hear divorce, custody, or juvenile delinquency. Those go here.
The court's docket includes divorce, custody, visitation, child support, spousal support, protection from abuse, juvenile delinquency, abuse and neglect, adoption, termination of parental rights, name change for minors, paternity, and guardianship of minors. Many filings here are restricted. Juvenile records are confidential by statute. Adoption records are sealed in most cases. Even an "ordinary" divorce file may contain custody and financial information that is restricted from public view.
This restricted-access posture is the most important fact about Family Court. CourtConnect, the public docket system used for Superior Court and CCP civil cases, does not give the same broad access to Family Court files. Personal-identifier information, minor names, financial documents, and victim addresses are routinely redacted or limited.
What Family Court Hears in New Castle County
Family Court's mix is broader than people often think. The court is not just a divorce court. It is the central court for almost every family-law and juvenile matter in the state. A New Castle County resident who needs a family-law filing should expect Family Court, not Superior Court, even when the dispute involves money.
- Divorce, including no-fault divorce under Delaware's irretrievable-breakdown framework.
- Custody, visitation, and modification of custody orders.
- Child support and spousal support, with statutory guidelines.
- Protection from Abuse (PFA) petitions and related orders.
- Juvenile delinquency cases for offenses charged against minors.
- Abuse, neglect, and dependency cases involving children.
- Adoption and termination of parental rights cases.
- Paternity, name changes for minors, and minor guardianship.
Note: A divorce case that involves no children and no support dispute may move faster than a case with contested custody, but it is still a Family Court matter and uses Family Court forms.
Divorce in New Castle County
Delaware recognizes no-fault divorce based on irretrievable breakdown of the marriage. The state's domestic-relations rules sit in Title 13 of the Delaware Code. Parties must meet residency rules and complete the right Family Court forms. The court can also address custody, support, and property issues that come with the divorce, although certain ancillary matters can be handled later.
A divorce starts with a petition filed in Family Court. The other spouse is served unless service is waived. The court may schedule mediation, settlement conferences, or hearings. Final divorce comes by decree. Certified divorce copies come through the court process. Vital statistics for divorce are handled separately at the Delaware Division of Public Health vital statistics office, depending on the document needed.
- Confirm Delaware Family Court jurisdiction and the residency requirement.
- Pick the right Delaware Family Court divorce packet and forms.
- Complete the petition, information sheet, child-related forms if children are involved, and financial disclosure if required.
- File with Family Court in the proper county; request a fee waiver if eligible.
- Serve the other spouse unless service is waived by rule.
- Attend mediation, scheduling, or hearings if ordered.
- Obtain the final decree and request certified copies through Family Court.
Custody, Visitation, and Support
Custody cases are decided under Delaware's best-interest-of-the-child framework. Visitation orders may be modified by motion. Child support follows the Delaware Child Support Guidelines, which use both parents' incomes and the child's needs. Spousal support is also handled by Family Court when supported by statute and the parties' circumstances.
Custody filings can include attached parenting plans, school information, and other documents. Many of those documents are restricted from public access because minor children are involved. Even when the underlying case appears in some form on a court system, document images are usually not public.
Family Court vs. Superior Court for Civil Family Matters
Delaware splits family-related civil work between Family Court and other courts. Family Court owns the domestic and juvenile docket. Superior Court owns major civil claims. The split is sharper than in many states, and it matters for filing decisions.
| Family Court | Superior Court | |
|---|---|---|
| Divorce | Yes; primary court | No |
| Custody / visitation | Yes | No |
| Child support | Yes | No |
| PFA orders | Yes | No |
| Juvenile delinquency | Yes | No (felony adult only) |
| Major civil tort | No | Yes |
| Public docket access | Limited; many cases restricted | Civil dockets in CourtConnect |
Note: Probate and estate matters are not Family Court work; for estate records, see the Register of Wills.
How a Case Moves Through Family Court
Family Court cases vary widely in flow because case types are so different. A PFA petition moves on a fast emergency track. A contested divorce may take months. A juvenile delinquency case follows yet another track.
Divorce flow: Petition › Service › Mediation or pretrial › Hearing › Decree › Certified copies.
PFA flow: Emergency petition › Ex parte review › Temporary order if warranted › Full hearing › Final PFA order or denial.
Custody / support flow: Petition › Service › Mediation › Hearing › Order › Modification if circumstances change.
Juvenile delinquency flow: Referral › Detention or release decision › Adjudication › Disposition › Review hearings.
Public Access to Family Court Records
Family Court is the most access-restricted court in Delaware. Many filings are confidential by statute and court rule. Juvenile delinquency, juvenile dependency, child welfare, adoption, and termination cases are not public. Divorce files may have some public components but contain restricted financial, custody, and personal information.
Delaware's broader public-records law, 29 Del. C. Chapter 100, covers agency records but does not override court-specific confidentiality. Family-court confidentiality lives in Title 10 Family Court provisions and the related statutes in Title 13 on domestic relations and adoption. A person with party status or counsel of record can usually see their own file. A non-party usually cannot.
Note: Family Court records of children are confidential; treat sealed labels as final unless a judge orders disclosure.
Searching New Castle County Family Court Cases
Public docket searches across Delaware courts run through Delaware CourtConnect. CourtConnect's case-type dropdown includes protection-order-related categories and family-adjacent civil case types, but does not give open access to confidential Family Court files. The portal disclaimer still applies: the data is "as is" and is not for official use. Certified Family Court records come from the court itself.
- Open the CourtConnect search home and accept the disclaimer.
- Choose person/business/case-type search if a case ID is unknown.
- Filter by case type if you know the matter is, for example, a protection-order or judgment-related filing.
- Treat the absence of results as a sign of restricted access, not a guarantee the case does not exist.
- For divorce, custody, or PFA documents, request copies through Family Court directly.
- For marriage records and license help, see the New Castle County Clerk of the Peace via the marriage and divorce records page.
Family Court Location
Family Court operations for New Castle County are at the Leonard L. Williams Justice Center. Litigants should expect security screening at the entrance. Bring photo ID, the case number, and the notice of hearing. Victims of domestic violence may have access to special waiting areas and victim-services contacts published by the court.
Family Court, New Castle County
Leonard L. Williams Justice Center
500 North King Street
Wilmington, DE 19801
Domestic, juvenile, PFA, and adoption work