Quick Answer
Delaware determines custody based on the best interests of the child. Delaware courts evaluate multiple factors to determine what arrangement best serves the child's welfare and development.
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Quick Answer
Delaware determines custody based on the best interests of the child. Delaware courts evaluate multiple factors to determine what arrangement best serves the child's welfare and development.
Understanding child custody laws in Delaware is one of the most important steps in your divorce preparation. This guide covers what Delaware law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Delaware recognizes legal custody (decision-making authority about education, health, and welfare) and physical custody (where the child lives). Both can be sole or joint. Most Delaware courts favor arrangements that maintain the child's relationship with both parents.
Section · 02
All custody decisions in Delaware are based on the best interests of the child. Delaware courts evaluate factors including each parent's capacity to care for the child, the stability of each home, the child's emotional and physical needs, the child's preference (if mature enough), and any history of domestic violence or substance abuse.
Section · 03
Delaware encourages parents to create a parenting plan that details the custody schedule, decision-making responsibilities, and communication methods. If parents cannot agree, the court will establish a schedule based on the best interests of the child.
What Makes Delaware Different
Delaware courts focus on the best interests of the child with no presumption for or against joint custody. The state requires a mandatory parenting education class before custody hearings.
FAQ
The most common arrangement in Delaware is joint legal custody (both parents share decision-making) with a primary physical custody arrangement. Many Delaware courts increasingly favor shared parenting time when practical and in the child's best interest.
Delaware courts may consider the child's preference when the child is sufficiently mature, but it's only one of many factors. No child can unilaterally "choose" — the court always decides based on the best interests of the child.
Relocation with a child typically requires court approval or the other parent's written consent. Delaware generally requires advance notice to the other parent and may require court approval, especially if the move would significantly impact the other parent's parenting time.
Compare across states
See how this topic works in other equitable-distribution states.
Common Questions
All Delaware Guides
Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Delaware. You deserve someone in your corner.