Rule 87.2 - Venue and Transfer of Action between Counties(a) A Petition may be filed in any county.(b) "Venue" is the legally proper physical location where a particular petition should be handled.(c) A Petition shall be heard in the county in which it was filed unless: 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.Del. Fam. Ct. R. Civ. P. 87.2
Amended September 22, 2021, effective 12/1/2021.