Case Summary: Father filed a petition for modification of custody in Delaware Family Court. In the petition, Father asserted that Mother and her husband fight and that the children have observed Mother being punched in the mouth and suffer injury. The children currently reside in Pennsylvania although the Delaware Family Court had issued the 1995 custody order. The Court dismissed Father's petition finding that Pennsylvania is now the children's "home state", Pennsylvania has a "closer connection" to the children than Delaware, and "substantial evidence" regarding Mother and her husband's relationship is "more readily available" in Pennsylvania than in Delaware. Therefore, Delaware is an inconvenient forum and PA is more appropriate, especially since the events that Father alleged, took place in PA. 13 Del. C. § 1907.

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