Child Custody in Delaware
State-specific overview · Family Law
Delaware courts apply a best-interests standard and may award joint or sole custody with emphasis on both parents' involvement.
How Delaware treats Child Custody
Delaware law requires courts to determine custody based on the best interests of the child, considering factors including parental fitness, the child's preference if old enough, and each parent's willingness to encourage a relationship with the other parent. The state does not mandate joint custody but views it favorably when both parents can cooperate. Courts in Delaware also consider the stability of each parent's home and the child's ties to the community.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.