A petition for custody is the written request a parent or other petitioner makes to The Family Court of the State of Delaware, asking the court to grant custody of one or more children. The Delaware Courts publish this fill-in version as a PDF. On FillingPDF you can fill out the form online and download or print the completed PDF; the court's own form and its forms list stay on the Delaware Courts website.
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What is 345?
The Petition for Custody (Fill-In Form) is the form on which a petitioner asks The Family Court of the State of Delaware to grant custody of named children and to enter any orders that are in the best interest of those children.
The form is headed "In and For New Castle Kent Sussex County", so the petitioner selects the county. It then collects the following:
- Parties: name, date of birth, street address, P.O. box, city/state/ZIP code and email address for the petitioner and for the respondent, plus an attorney name for each side.
- Interpreter: a Yes/No question and a language line for each party.
- Immigration: the question "Does this matter relate to a federal immigration case?" with YES and NO boxes.
- Children: the name and date of birth of each child, with room for six, followed by the name of the person the children live with, that person's relationship to the children and an address.
- Allegations: the facts the petitioner alleges, written in consecutively numbered paragraphs, with additional pages allowed if needed.
The closing paragraph (the "WHEREFORE" clause) asks that a Summons issue to the respondent and to the persons listed in Paragraph 5 of the attached Separate Statement. It says the attached Statement is incorporated into the petition. The form ends with a sworn-and-subscribed block for the Petitioner/Attorney and the Clerk of Court/Notary Public. The form prints File Number and Petition Number boxes in its heading.
Who needs to file 345?
The petitioner, the person who wants the Family Court to grant custody of one or more children, completes this petition. The form names the other party as the respondent and has a separate attorney line for each side, and the signature block is marked "Petitioner/Attorney", so an attorney may sign for the petitioner.
The form also expects information about other people:
- The respondent: the form asks for the respondent's name, date of birth, address and email address.
- The person the children live with: if that person is not the petitioner, the form still asks for that person's name, relationship to the children and address.
- Persons listed in Paragraph 5 of the Separate Statement: the prayer asks that a Summons also issue to them.
Either party who needs an interpreter marks Yes on the interpreter question and enters the language. The form prints no eligibility rules or exclusions, so check the Delaware Courts forms list, which groups custody forms under Custody, Custody Modification and Custody/Visitation, if you are unsure this is the right petition.
When to file 345
The form prints no deadline. You complete the petition when you are ready to ask the Family Court to grant custody, because the document is the request itself: it asks that a Summons issue to the respondent and that the court grant custody of the named children to the petitioner.
The Separate Statement it refers to is attached when the petition is completed, since the form incorporates it. The petition must be sworn and subscribed before the Clerk of Court or a Notary Public, so allow time for that step before the petition is filed. The form sets no renewal or expiration period.
Documents you need
- Separate Statement attached to the petition: the form's closing paragraph refers to the attached Statement, makes it part of the petition and cites its Paragraph 5 for persons who should receive a Summons.
- Additional pages, only if needed: the form allows extra pages when the numbered paragraphs of alleged facts do not fit in the space provided.
How to fill out 345
Select the county in the heading
In the heading "In and For New Castle Kent Sussex County", mark the county where the petition is brought.
Enter petitioner and respondent details
For each party, fill in name, D.O.B., street address, P.O. box number, city/state/ZIP code and email address. Add the attorney name for each side if one is involved.
Answer the interpreter questions
For each party, mark Yes or No on "Interpreter needed?" and enter the language on the Language line if one is needed.
Answer the immigration question
Mark YES or NO for "Does this matter relate to a federal immigration case?"
List the children
Under "IN THE INTEREST OF the following child(ren)", enter each child's name and date of birth in the rows provided.
Identify who the children live with
Enter the name of the person the children live with, that person's relationship to the children and the street address, city, state and ZIP code.
Write the alleged facts
Under "Petitioner alleges the following facts", list the facts in consecutively numbered paragraphs. Attach additional pages if you need more room.
Prepare the attached Separate Statement
The closing paragraph incorporates the attached Statement and refers to the persons listed in its Paragraph 5. Have the Statement ready to attach to the petition.
Review, then sign before an officer
Check every entry. Sign as Petitioner/Attorney in the sworn-and-subscribed block in front of the Clerk of Court or Notary Public, who completes the "before me this date" line.
Download the completed PDF
Download or print the completed PDF from FillingPDF, add the attachments and follow the Family Court's filing instructions described under How to submit.
How to submit 345
The form prints no mailing address, portal, fee or filing instructions. The court requires the petition to be sworn and subscribed before a Clerk of Court or a Notary Public, and the form is headed for the Family Court in New Castle, Kent or Sussex County, so the county you select decides where the case belongs.
- Complete and swear: fill in the petition, attach the Separate Statement and any additional numbered-paragraph pages, then sign as Petitioner or Attorney in front of the Clerk of Court or Notary Public.
- Get the court's filing details: the Delaware Courts publish this form and a forms list at https://courts.delaware.gov/forms/list.aspx; contact the Family Court for the county you chose for the filing method, address and any fee.
FillingPDF lets you fill out and download the PDF; submission follows the channels the Family Court gives.
Common mistakes to avoid
- Leaving the county unselected in the heading, which reads "In and For New Castle Kent Sussex County".
- Writing the alleged facts as a block of text instead of consecutively numbered paragraphs, as the form directs.
- Running out of space and not attaching additional pages for the allegations.
- Leaving the question "Does this matter relate to a federal immigration case?" with neither YES nor NO marked.
- Marking that an interpreter is needed without entering the language on the Language line.
- Omitting the attached Separate Statement, which the petition says is incorporated and which includes the Paragraph 5 list of persons to be summoned.
- Signing without swearing the petition before the Clerk of Court or Notary Public, as the sworn-and-subscribed block requires.
- Not entering the address, city, state and ZIP code for the person the children live with.
Frequently asked questions
What is a petition for custody in Delaware?
It is the written request, filed in The Family Court of the State of Delaware, asking the court to grant custody of named children to the petitioner and to enter orders that are in the best interest of the children. This form is the fill-in version of that petition.
Can I fill out the Delaware petition for custody online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the petition with the court; you file it through the Family Court's own channels.
Who signs the Petition for Custody?
The signature line is marked "Petitioner/Attorney", so the petitioner or an attorney signs. The signature is made in the sworn-and-subscribed block, in front of the Clerk of Court or a Notary Public, who completes the "before me this date" line.
How do I list the facts of my case on the petition?
Write them under "Petitioner alleges the following facts" in consecutively numbered paragraphs. If the space is not enough, the form says to attach additional pages.
What do I attach to the Petition for Custody?
The form refers to an attached Separate Statement, which it incorporates into the petition and whose Paragraph 5 lists persons to receive a Summons. Attach extra pages if the numbered paragraphs need more room.
Which county do I choose on the form?
The heading reads "In and For New Castle Kent Sussex County", so you mark the county where the petition is brought. The form does not explain how to choose; ask the Family Court for the county involved if you are unsure.
Where do I file the Petition for Custody?
The form prints no filing address or portal. It is a Family Court petition, so contact the Family Court for the county you selected for filing details. The Delaware Courts forms list is at https://courts.delaware.gov/forms/list.aspx.
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