Child Custody Laws in Delaware

The Family Court decides legal custody and residential arrangements based on the child's best interests, considering the parents' wishes, the child's wishes, the child's relationships with parents, grandparents, siblings and household members, adjustment to home, school and community, the mental and physical health of everyone involved, each parent's past and present compliance with parental responsibilities, domestic violence, and criminal history. The court may not presume either parent is better qualified because of sex.

Under Family Court Civil Rule 65.2, Family Court offers emergency or expedited relief only in extraordinary circumstances. For an Emergency Ex Parte Order, you must have filed (or the other party must have filed) a petition, such as for custody, and file a Motion and Affidavit for Emergency Ex Parte Order (Form 650) explaining how immediate and irreparable harm will result if relief is not granted, with a good-faith attempt to mail a copy to the other party. A Hearing Officer reviews it the same or next business day, usually without notice to the other party, and will either issue an ex parte order with a hearing within 15 days, deny it but schedule an emergency hearing, or deny it and send the case through the usual process. Other options are a Motion for Priority Scheduling, a Motion for Interim (Temporary) Relief and a Temporary Visitation Order. Protection-from-abuse cases use a separate form (Form 654).

Yes. When there are children of the marriage up to age 17, the court orders the parties to pay for and complete a certified Parenting Education Course of at least 4 hours, unless the court decides on motion that it is not necessary. A party with a history of domestic violence must take a more intensive course. The court will not move forward until all required certificates are filed.