T.S. v. D.T.

The Family Court of the State of Delaware
MICHAEL K. NEWELL LEONARD L. WILLIAMS JUSTICE CENTER
500 N. KING STREET, SUITE 9445
CHIEF JUDGE WILMINGTON, DELAWARE 19801-3703
March 26, 2026
T---- S----
--- - --------- --------- -
----------, -- -----
---------@yahoo.com LETTER DECISION
AND ORDER
D----- L. T------
--- - - ------
----------, -- -----
--- ------ ---
----- -----, -- -----
--- ---- ------ ------
----------, -- -----
---------@gmail.com
Re: T---- S---- v. D----- T------ --.
File No.: CN26-01478; Petition No.: 26-03148
Dear Ms. S---- and Mr. T------:
On March 10, 2026, the Court conducted an expedited hearing on the Motion
and Affidavit for Emergency Ex Parte Order filed by T----- S---- (“Mother”). Participating in
the hearing were Mother, representing herself, and S-------- B----- (“Ms. B-----”), Division of
Family Services (“DFS”) investigator. D----- T------ (“Putative Father”) did not appear.1 This
matter pertains to the parties’ minor child: N---- P------ (“N----”), born ----- --, 2023.
During the hearing, the Court heard testimony from Ms. B----- and Mother. At
the conclusion of the hearing, the Court announced its interim order and scheduled a hearing
for the underlying custody petition.
1 A copy of the Court’s Emergency Ex Parte Order, which included the date and time for the expedited hearing,
was mailed to his three known addresses and his email address.

T---- S----
D----- T------
S---- v. T------; CN26-01478
March 26, 2026
Page 2
Procedural History
On February 24, 2026, Mother filed a Motion and Affidavit for Emergency Ex
Parte Order. Mother alleged that Putative Father took N---- from her care and was keeping
her in unsafe conditions. Mother also filed a Petition for Custody, seeking sole legal custody
and primary residency, and no visitation for Putative Father. Mother stated that Putative
Father has never taken care of N---- or provided her with necessities.
By Order dated February 25, 2026, the Court granted Mother’s request for
emergency ex parte relief and scheduled this priority hearing for March 10, 2026, per Family
Court Civil Rule 65.2. The Court ordered DFS to investigate and attend the hearing to provide
testimony regarding its investigation. The Court also requested that local law enforcement
assist in returning N---- to Mother.
Factual Background
The parties were never married. Mother testified that she and Putative Father
resided together in 2023 while she was pregnant with N---- and they were involved with this
Court regarding a dependency/neglect case involving unexplained injuries to their other
child, O----- P------ (“O-----”). Mother testified that following the termination of parental rights
of O----- and the birth of N----, the couple has not resided together. Mother stated that N----
has lived with her since birth. Mother would allow Putative Father to visit N----, but only in
her presence. Parentage has never been established for N---- and Putative Father and the
Court ordered genetic testing.
Mother is 28 years old and resides at --- ----- ---------, ----------, Delaware.
Mother lives with N---- and her minor sons, D------ P----- (“D------”), and D----- P----- (“D-----
”), who are not Putative Father’s children. Mother testified that her younger brother, K------
P------ (“Maternal Uncle”), occasionally resides with her. Mother testified that she is currently
looking for a job.
Putative Father is 33 years old. The Court’s records indicate that Putative
Father is listed as having the following three addresses: --- - --- ------ ----------, Delaware; --- --
---- ------, ----- -----, New Jersey; and --- ----- ------ ------, ----------, Delaware. Mother testified
that Putative Father is unemployed and was unsure about whether he has substance abuse
issues.

T---- S----
D----- T------
S---- v. T------; CN26-01478
March 26, 2026
Page 3
Testimony
The Court first asked whether N---- had been returned to Mother’s care since
she filed the petition and the Court granted the emergency ex parte order. Mother stated that
she was returned on February 25, 2026, at 11:45 p.m.
In response to the Court’s order that the Division of Family Services
investigate, Ms. B----- appeared and provided the Court information on her investigation
regarding N----. When she contacted Mother, N---- had already returned to her care. On
March 3, 2026, Ms. B----- visited Mother’s home, where she interviewed her, observed N----,
and spoke with her sons, D------ and D-----. Ms. B----- assessed Mother’s home and concluded
that it was appropriate and safe. Ms. B----- assisted Mother by purchasing cleaning items for
the home. Ms. B----- testified that she received collateral information from Nemours which
indicated that N---- had no health concerns. N---- received a flu vaccination in December and
needed a well visit scheduled for June 2026. Ms. B----- confirmed that N---- is up to date on
all immunizations and doctor appointments.
Ms. B----- testified that she tried contacting Putative Father by email on March
3, 2026. He replied on March 4, 2026, stating that he believes DFS only takes children away
and refused to speak with her. Ms. B----- explained that there was an open investigation
involving him and asked if he would meet with her. On March 5th or 6th, Putative Father
declined to meet. On March 7th, Putative Father offered to meet only if DFS paid him $250 via
Cash App. Ms. B----- informed him that that is not how DFS operates.
Ms. B----- testified that DFS recommends that N---- remain in Mother’s care.
The Court asked Mother what led N---- to be taken away from her care by
Putative Father. Mother testified that approximately one week prior to N---- being taken on
February 22, 2026, Mother had an argument with Putative Father’s mother (“Paternal
Grandmother”), who was staying at her home. Paternal Grandmother called DFS to report
Mother and trashed her house with Putative Father’s sister. After this incident, Putative
Father came to Mother’s home to check on her and the children, and Mother thought he was
genuinely concerned. Mother testified that she and Putative Father were cordial for three
days, but then his behavior changed. Mother reported that Putative Father was at her home
with one of Putative Father’s friends whose name is unknown, but whose street name is D--
---. Mother testified that she asked Putative Father and his friend to leave and threatened to
call the police if he did not. Meanwhile, D------ took D----- and N---- upstairs, and D------ called
the police. Mother testified that she gave Putative Father three warnings before guiding him
out of the door and locking it. Putative Father returned and asked to retrieve his belongings

T---- S----
D----- T------
S---- v. T------; CN26-01478
March 26, 2026
Page 4
from Mother’s home. Mother testified that she allowed his friend into the home to retrieve
the belongings. Once inside, the friend told Mother that he was going to the bathroom, but
instead of going to the bathroom, the friend took N---- from the home and gave her to
Putative Father. When the police arrived, Mother told them that Putative Father had left with
N---- and gave them the friend’s street name. The police conducted a wellness check with
Mother, D------, and D-----.
The next day, when N---- was not returned to Mother and Putative Father was
not responding to her calls and text messages, Mother called the police and reported N----’s
abduction at 10:00 a.m. She testified that the dispatcher told her they could not help because
she did not have legal proof of full custody or a document stating that Putative Father cannot
have N----. Mother was informed that a police officer would arrive, but after two to three
hours, no one arrived. During this time, Mother was continually calling and texting Putative
Father, but he did not respond.
On February 24, 2026, Mother filed the Petition for Custody and Motion and
Affidavit for Emergency Ex Parte Order. Following the issuance of the Emergency Ex Parte
Order on February 25, 2026, Mother testified that with the assistance of the police, Mother
was able to retrieve N---- from Putative Father from a park on --- ------ at approximately 11:45
p.m.
*****
The Court informed Mother that it would determine whether it still has
Putative Father’s genetic sample from 2023, when he was determined to be the Father of O-
----. This Order confirms that the Court does have Putative Father’s genetic sample and will
order paternity testing for N----.
Based on the evidence presented at the hearing, the Court entered the
following interim order on the record at the conclusion of the hearing:
IT IS HEREBY ORDERED this 26th day of March, 2026 that:
1. Mother shall have SOLE LEGAL CUSTODY of N----.
2. Putative Father shall have no contact or visitation with N---- until
parentage is established. Should Mr. T------'s parentage be established
through genetic testing, he may file a petition for visitation. The Court
will schedule a time for Mother to appear with N---- P------, born ----- --
, 2023, for genetic testing. The cost will be advanced by the Court,
subject to being assessed against one or both of parties, once the
genetic test results have been received.

T---- S----
D----- T------
S---- v. T------; CN26-01478
March 26, 2026
Page 5
3. The Court will hold a brief 15-minute Case Management Conference
by Zoom on April 21, 2026, beginning at 9:00 a.m., to discuss the
hearing scheduled for May 19, 2026.
4. A three (3) hour custody trial has been scheduled for May 19, 2026
beginning at 9:00 a.m. The parties shall report to the 3rd Floor
Information Desk to be directed to the Courtroom for the hearing.
THIS WILL BE YOUR ONLY NOTICE OF THE HEARING.
5. Failure by parties to comply with this Order may result in the dismissal
of the petition(s) and/or canceling of scheduled hearings. Failure by
one party to comply with this Order may result in the entry of a default
judgment in favor of the other party.
6. This is an INTERIM ORDER.
IT IS SO ORDERED.
Very truly yours,
/ Michael K. Newell /
MICHAEL K. NEWELL, Chief Judge
MKN/md
cc: S-------- B-----, DFS (by email)
N-------- S----, (by email)
Date emailed: 3/26/2026