DIV. OF FAMILY SERVICES v. O'BRYAN

No. 175, 2016.

164 A.3d 58 (2017)

DIVISION OF FAMILY SERVICES, Respondent Below, Appellant, v. Mark O'BRYAN, Petitioner Below, Appellee.

Supreme Court of Delaware.

Decided: May 31, 2017.


Attorney(s) appearing for the Case

Victoria Witherell, Esquire (argued) and Jonathan Harting, Esquire , Department of Justice, Wilmington, Delaware for Respondent Below, Appellant Division of Family Services.

Mark O'Bryan, Petitioner Below, Appellee, pro se.

Leslie B. Spoltore, Esquire , Fox Rothschild LLP, Wilmington, Delaware; George R. Tsakataras, Esquire , The Law Office of George R. Tsakataras, P.A., Wilmington, Delaware; Achille C. Scache, Esquire (argued), Giordano, DelCollo, Werb & Gagne, LLC, Wilmington, Delaware, Amicus Curiae in Support of Petitioner Below, Appellee, Mark O'Bryan.

Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices.


The Child Protection From Sex Offenders Act (the "Sex Offenders Act" or "Act") establishes "a rebuttable presumption that no sex offender shall be awarded sole or joint custody of any child, that no child shall primarily reside with a sex offender, and that no sex offender shall have unsupervised...

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