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Delaware Child Custody Laws

When parents decide to separate, they must come to some sort of agreement with regard to child custody. State child custody laws are fairly similar from one to the next, and 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 provides a brief overview of child custody laws in the state of Delaware.

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 additional articles and resources.

Code Section

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

Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted


Joint Custody an Option?

Yes, Tit. 13 § 727, 728

Grandparent Visitation Rights Recognized?

Yes, Tit. 13 § 728

Child's Own Wishes Considered?


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 law(s) you are researching.

Additional Resources

Get Legal Help with Child Custody

If you would like to know more about the child custody laws in Delaware, there are many attorneys throughout the state with child custody and family law experience who may be able to help. In addition to 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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