How is custody decided in Delaware?
Delaware custody cases are decided in Family Court based on the best interests of the child. The court looks at the whole picture of a child's life rather than the wishes of either parent alone.
Delaware separates two related questions: legal custody, which is the right to make major decisions for a child, and residential placement, which is where the child primarily lives.
What are the best-interest factors?
When parents cannot agree, the judge weighs the factors set out in Delaware law, including:
- The wishes of the parents and, where appropriate, the child
- The child's relationship with each parent, siblings, and others
- The child's adjustment to home, school, and community
- The mental and physical health of everyone involved
- Each parent's past and present compliance with their responsibilities
- Any history of domestic violence
Legal custody versus residential placement
Many Delaware families share joint legal custody, meaning both parents take part in major decisions about education, health, and religion. Residential placement can still be primarily with one parent, with a schedule of time for the other.
Suzanne helps you understand which arrangement fits your family and how to put it in clear, workable terms.
Can a custody order be changed?
Yes. As children grow and circumstances change, a custody order can be modified. The standard depends on how recent the order is. Suzanne also handles modifications and enforcement when an existing order no longer fits.
How Suzanne approaches custody
From the first meeting, Suzanne listens carefully and explains your options in plain language, then works to keep conflict as low as the situation allows. Call 302.661.0400 or send a message to talk it through.
Common questions
Does Delaware favor mothers in custody cases?
No. Delaware decides custody on the best interests of the child, regardless of whether the parent is the mother or the father.
At what age can a child decide where to live?
There is no fixed age. The court may consider a mature child's wishes as one of several best-interest factors, but the judge makes the final decision.