Child Custody & Visitation Blog

Delaware custody laws are found in Title 13, Chapter 7 of the Delaware Code. These are important laws for a parent involved in a custody situation to know. They are especially important as a parent begins to create a Delaware parenting plan. Here is a brief overview of some of the laws that parents should know.

Frequent and Continuing Contact

Chapter 728 says that the state considers it in the best interest of the child to have frequent and continuing contact with both parents. A Delaware visitation schedule must reflect this. If a parent does not want the child to have contact with the other parent, the parent must prove that visitation is detrimental to the child. Along with visits, the child can have contact with the other parent through phone calls, mail, etc.

Equal Rights of Parents

Chapter 722 explains that both parents have an equal right to custody and there is no preference given to either parent because of gender. The mother and father should both play a significant role in the child’s life, and both should try to be involved with the child. Chapter 727 says that, regardless of the custodial parent, both parents have access to the child’s records and schedule. This is so both parents can attend extracurricular events and know what is going on in the child’s life. The Delaware custody schedule should be created so the child can continue to have strong relationships with the mother and father.

Best Interest of the Child

Chapter 722 also explains that a Delaware custody agreement must be created with the child’s best interest in mind. Some of the factors that the state lists that influence the best interest of the child are:

• The wishes of the child’s parent or parents as to his or her custody and residential arrangements;
• The wishes of the child as to his or her custodian or custodians and residential arrangements;
• The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best interests;
• The child’s adjustment to his or her home, school and community;
• The mental and physical health of all individuals involved;
• Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;
• Evidence of domestic violence as provided for in Chapter 7A of this title; and
• The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.