Delaware Child Custody Laws: What Parents Need to Know

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).