Jennifer Culbreath v. Benjamin Culbreath

Summary

The Delaware Supreme Court affirmed the Family Court’s order granting Benjamin Culbreath’s petition to modify a prior consent custody order. The Court held that the Family Court correctly applied the statutory modification and best-interests standards and stated that any alleged violation of the order should first be addressed through a rule-to-show-cause petition in Family Court.

Holdings

1. A custody order entered by consent may be modified at any time under the standards set forth in 13 Del. C. § 722, and the Family Court correctly applied those standards in granting the appellee's petition for custody modification.
2. A party alleging that the appellee violated the Family Court's May 16, 2025 order must first seek relief by filing a petition for a rule to show cause in the Family Court.

Questions Presented

1. Whether the Family Court correctly applied the statutory standards governing modification of a prior consent custody order.
2. Whether the appellant's assertion that the appellee violated the May 16, 2025 custody-modification order could be addressed in the appeal.

Disposition

affirmed