Delaware Child Custody Agreements

Delaware Child Custody Agreements: What You Need to Know

When couples with children decide to end their marriage or relationship, one of the most challenging decisions they must make is determining child custody. Child custody refers to the legal and physical care of a child, and it includes decision-making authority over the child`s welfare, such as where they live, go to school, receive medical care, and so on. In Delaware, child custody agreements are governed by state laws, and parents must follow specific guidelines and procedures to establish a custody arrangement that is in the best interests of their children.

Types of Delaware Child Custody

Under Delaware law, there are two types of child custody: legal custody and physical custody. Legal custody refers to the right and responsibility to make important decisions about the child`s upbringing, such as education, medical care, religion, and extracurricular activities. Physical custody, on the other hand, refers to where the child lives, and it can be sole or joint custody. Sole physical custody means that one parent has primary physical custody of the child, while joint physical custody means that both parents share the physical care and supervision of the child.

Delaware Child Custody Factors

When making decisions about child custody, Delaware courts consider various factors that affect the best interests of the child, such as:

1. The child`s age, sex, and mental and physical health;

2. The emotional bond between the child and each parent;

3. Each parent`s relationship with the child and the ability to provide care and support;

4. Each parent`s mental and physical health;

5. The child`s preference, if the child is old enough to express a reasoned and independent preference;

6. The stability of each parent`s home environment;

7. The willingness of each parent to encourage a relationship between the child and the other parent;

8. Any history of domestic violence, child abuse, or neglect.

Delaware Child Custody Agreements

Parents can create a child custody agreement that outlines the legal and physical custody details of their children. If parents can agree on the terms of the custody agreement, they can present it to the court for approval. However, if parents cannot agree, they will have to participate in a child custody evaluation and hearing, and a judge will make a determination based on the best interests of the child. Parents must follow the court`s final decision regarding child custody, and any violation can result in legal consequences.

Conclusion

In Delaware, child custody agreements are a crucial part of ending a marriage or relationship when children are involved. It`s essential for parents to understand the legal and physical custody options available, the factors that courts consider when making custody determinations, and the guidelines for creating a child custody agreement. If you need assistance with a child custody matter, it`s advisable to consult with an experienced family law attorney who can guide you through the process and help you protect your child`s best interests.