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Delaware Child Custody Laws

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

Delaware child custody laws recognize the option of joint custody, allow for visitation by grandparents, and consider the child's own wishes before ordering custody terms.

This article offers a brief overview of child custody laws in the state of Delaware.

Types of Custody

In Delaware, child custody laws 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.

Legal custody 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.

Physical custody 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.

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 and ensures their emotional and physical well-being.

Child Custody Laws in Delaware: At a Glance

Learn more about Delaware's child custody laws in the chart and summary below. See FindLaw's extensive Child Custody section for more articles and resources.

Code section

Tit. 13 § 721, et seq. of the Delaware Code

Year Uniform Child Custody Jurisdiction and Enforcement Act adopted

2002

Joint custody an option?

Yes, Tit. 13 § 727, 728

Grandparent visitation rights recognized?

Yes, Tit. 13 § 2410

Child's own wishes considered?

Yes

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.

Best Interest Factors

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 in Delaware law.

A Delaware family court will carefully examine the child's relationship with each parent, considering factors such as:

  • The child's physical health
  • The child's emotional development
  • Evidence of criminal history or domestic violence

The court issues a custody order outlining which parent will have custody of the child. Based on these factors, this could be joint or sole. Delaware family courts aim to foster stable and nurturing environments conducive to the child's growth and development.

More Resources

Get Legal Help with Child Custody

If you would like to know more about child custody laws in Delaware, In that case, there are many attorneys throughout the state with child custody and family law experience who can offer legal advice. Besides informing you about child custody laws, they may be able to represent you in a child custody case, divorce, or child support case.

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