{"id":372375,"date":"2016-03-31T21:34:49","date_gmt":"2016-04-01T02:34:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-child-custody-laws.html"},"modified":"2024-12-12T17:13:21","modified_gmt":"2024-12-12T22:13:21","slug":"delaware-child-custody-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-child-custody-laws.html","title":{"rendered":"Delaware Child Custody Laws"},"content":{"rendered":"\n
\n \n
\n

Delaware Child Custody Laws<\/h1>\n
\n
\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When parents decide to separate, they must agree on child custody. State child custody laws<\/a> are similar from one jurisdiction to the next. All states (except Massachusetts) have adopted the Uniform Child Custody Jurisdiction and Enforcement Act<\/a> (UCCJEA).<\/p>\r\n

Delaware child custody laws recognize the option of joint custody<\/a>, allow for visitation by grandparents, and consider the child’s own wishes before ordering custody terms.<\/p>\r\n

This article offers a brief overview of child custody laws in the state of Delaware.<\/p>\r\n

Types of Custody<\/b><\/h2>\r\n

In Delaware, child custody laws<\/a> focus on the best interests of the child. They aim to create arrangements that foster their well-being. Within the framework of these laws, the courts consider the roles of the non-custodial parent and the custodial parent.<\/p>\r\n

Legal custody<\/a> grants authority over important decisions in the child’s life, such as education and health care. While joint legal custody allows both parents to take part in these decisions, sole legal custody vests this authority in one parent.<\/p>\r\n

Physical custody<\/a> determines where the child lives. It ranges from sole physical custody, where the child primarily lives with one parent, to joint physical custody, where the child spends a lot of time with both.<\/p>\r\n

Delaware courts meticulously weigh factors like the child’s relationship with each parent and their ability to cooperate. The goal is to establish a child custody arrangement that promotes the child’s best interests<\/a> and ensures their emotional and physical well-being.<\/p>\r\n

Child Custody Laws in Delaware: At a Glance<\/b><\/h2>\r\n

Learn more about Delaware’s child custody laws in the chart and summary below. See FindLaw’s extensive Child Custody<\/u><\/a> section for more articles and resources.<\/p>\r\n\r\n
Code section<\/th>\r\n

Tit. 13 \u00a7 721, et seq.<\/a> of the Delaware Code<\/p>\r\n<\/td>\r\n<\/tr>

Year Uniform Child Custody Jurisdiction and Enforcement Act adopted<\/th>\r\n

2002<\/p>\r\n<\/td>\r\n<\/tr>

Joint custody an option?<\/th>\r\n

Yes, Tit. 13 \u00a7 727,<\/a> 728<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Grandparent visitation rights recognized?<\/th>\r\n

Yes, Tit. 13 \u00a7 2410<\/u><\/a><\/p>\r\n<\/td>\r\n<\/tr>

Child’s own wishes considered?<\/th>\r\n

Yes<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Best Interest Factors<\/b><\/h2>\r\n

In Delaware, family court proceedings center on determining custody arrangements that serve the child’s best interests. The court makes these decisions by thoroughly examining best-interest factors<\/a> in Delaware law.<\/p>\r\n

A Delaware family court will carefully examine the child’s relationship with each parent, considering factors such as:<\/p>\r\n