Co-Parenting App for Delaware Parents

What Delaware courts consider in custody decisions

Delaware courts apply best interest factors under § 722 including the wishes of the parents and child, the child's interaction and relationship with parents and siblings, the child's adjustment to home/school/community, the mental and physical health of all individuals, past and present compliance by both parents with their rights and responsibilities to the child, evidence of domestic violence, and the criminal history of any party. Delaware specifically considers whether either parent has failed to comply with prior custody or visitation orders and whether either parent has engaged in acts of coercion, threats, or intimidation directed at the child or the other parent.

How the custody process works in Delaware

Delaware custody cases are heard exclusively in Family Court, which has comprehensive jurisdiction over all domestic relations matters. Parents must attend a mandatory education program called the 'Parents Forever' or 'For the Sake of the Children' class. Family Court offers mediation services through its Mediation/Arbitration Program, and the court may order parents to participate. Delaware Family Court judges may also appoint a guardian ad litem or order a custody evaluation by the Division of Family Services.

Key Delaware custody statutes

• Del. Code tit. 13, § 722
• Del. Code tit. 13, § 727
• Del. Code tit. 13, § 728