Delaware Child Custody Laws: What Parents Need to Know
Understanding how Delaware courts determine child custody and visitation using the best interest standard.
If you’re facing a custody dispute in Delaware, understanding how Family Court makes decisions is crucial. At Maven Law, we help Delaware parents navigate custody cases and protect their parental rights. Here’s what you need to know about Delaware’s custody laws and visitation guidelines.
How Delaware Decides Child Custody
Delaware Family Court makes all custody decisions based on the best interests of the child—not what’s most convenient for parents. The court considers two types of custody:
Legal Custody (Decision-making): The right to make major decisions about education, healthcare, religion, and activities. Delaware courts prefer joint legal custody where both parents share decision-making.
Residency (Physical Custody): Where the child lives day-to-day. This can be primary (mostly with one parent) or shared (substantial time with both parents).
Delaware’s Eight Best Interest Factors (13 Del. C. §722)
Delaware Family Court must consider these statutory factors:
1. The Wishes of the Parents
What each parent requests regarding custody and residential arrangements.
2. The Wishes of the Child
Older children’s preferences carry more weight, though the judge makes the final decision.
3. The Child’s Relationships
The court examines relationships with parents, grandparents, siblings, step-parents, and anyone significantly affecting the child’s well-being.
4. The Child’s Adjustment
How well is the child doing in their current home, school, and community? Courts prefer stability and are hesitant to disrupt functioning arrangements.
5. Mental and Physical Health
The court assesses each parent’s physical and mental health, ability to care for the child, and any substance abuse issues. The Court also considers the child’s physical and mental health needs and whether one parent is better able to care for them.
6. Compliance with Parental Responsibilities
Has each parent met their obligations, paid support, exercised visitation, and followed court orders?
7. Evidence of Domestic Violence
Delaware takes domestic violence seriously. Any history of abuse significantly impacts custody and may result in supervised visitation.
8. Criminal History
The court reviews criminal records of both parents and anyone living in either household.
Additional Factors:
Previous contact patterns
Parents’ ability to communicate and co-parent
Geographic proximity to school and activities
Housing arrangements
Work schedules
Siblings (keeping them together is preferred)
Drug and alcohol history
Delaware Standard Visitation Schedules
Delaware Family Court uses standard Contact Guidelines to determine the visitation schedule based on the child’s age:
Birth to 18 Months
Every other weekend (Friday 6 p.m. - Sunday 6 p.m.)
Two weeknight visits (minimum 3 hours each)
Two weeks of vacation per year
18 Months to 5 Years
Two overnights per week
Every other weekend (Friday 6 p.m. - Monday morning)
Two weeks of vacation per year
5 Years and Up
Shared contact schedule to include alternating weeks
More flexibility for longer periods
Holiday Schedule
For holidays, Parents alternate them each year between two columns:
Column1: Easter, Fourth of July, Halloween, Christmas Day
Column 2: Memorial Day, Labor Day, Thanksgiving, Christmas Eve
Critical Delaware Custody Rules
Late Pick-Up: If you’re more than 30 minutes late without notice, you forfeit that visitation.
Cancellations: Give at least 24 hours’ advance notice (except emergencies).
Communication: Both parents have the right to reasonable contact with the child (phone, email, video chat). Don’t interfere.
School Work: Homework must get done during both parents’ custody time, even if it disrupts plans.
Activities: Extracurricular activities continue during both parents’ custody time. The parent with the child provides transportation.
Relocation: Before moving, you need the other parent’s written consent OR a court order if the move affects the child’s school, travel time, or activities.
Address Changes: Immediately notify the other parent and Family Court of any address or phone changes.
When a Child Refuses Visitation
If your child strongly opposes visiting the other parent:
Both parents must calmly discuss the reasons with the child
Work together to resolve issues without confrontation
Seek counseling or professional help, if needed
File a motion for court-ordered counseling if necessary
Both parents have an absolute duty to encourage compliance with court orders. Allowing a child to refuse visitation can result in custody modifications or contempt charges.
Modifying Delaware Custody Orders
Custody orders can be modified when there’s a substantial change in circumstances, such as:
Parent relocation
Change in work schedules
Child’s changing needs
Evidence of abuse or neglect
Failure to comply with orders
Significant changes in living situation
How Maven Law Can Help
At Maven Law, our experienced Delaware family law attorneys help you:
✓ Understand your custody rights under Delaware law
✓ Build a strong case using best interest factors
✓ Negotiate workable custody agreements
✓ Litigate when necessary to protect your children
✓ Modify or enforce existing orders
Contact Maven Law Today
Don’t face your Delaware custody case alone. Contact Maven Law, for experienced, compassionate representation. Call now for a consultation: 302-304-3300.
FAQs
Does Delaware favor mothers over fathers?
No. Delaware law is gender-neutral and focuses solely on the child’s best interests.
Can a child choose which parent to live with?
There’s no specific age. Courts consider children’s preferences as one factor, with older children’s wishes carrying more weight.
Can I move out of state with my child?
Only with written consent from the other parent or a court order.
What if my ex violates the visitation schedule?
File a motion for contempt or Petition for Rule to Show Cause. Courts can impose sanctions, including makeup time, fines, and custody modifications.
Do I need a lawyer for custody cases?
While not required, an experienced attorney significantly improves your outcome in these complex, high-stakes cases.
