Custody After a Split
13 Del. C. § 722 — the child's best interests, no preference for either parent by sex, and frequent contact with both
The Family Court decides legal custody and where the child lives by the child's best interests, considering among other things:
- The wishes of the parents, and of the child.
- The child's relationships with parents, siblings, grandparents and others in the household.
- 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 to the child.
- Evidence of domestic violence, and the criminal history of anyone in the household.
Neither parent presumed better. The Court may not presume a parent better qualified because of the parent's sex, and does not weigh conduct that does not affect the parent's relationship with the child.
Every custody order includes a contact schedule with both parents. Whatever the custody, each parent may get school, medical and other important information about the child, and the schedule is meant to allow frequent and meaningful contact with both unless the Court finds it would endanger the child.
A parent may apply to modify an order when the child's best interests call for it. A particular case is a question for a licensed Delaware attorney.
Sources for this section (3)
- 13 Del. C. § 722 — Best interests of child
- 13 Del. C. § 727 — Custody
- 13 Del. C. § 728 — Residence; visitation; sanctions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.