Child Custody in Delaware (2026)

Mandatory Mediation and the Delaware Family Court

Delaware’s custody system is built around the Delaware Family Court, a specialized court with exclusive jurisdiction over custody, divorce, child support, and related family matters. Unlike states where family law cases are heard in general-purpose courts, Delaware’s Family Court was specifically designed to handle these cases, with judges who focus exclusively on family law.

A key feature of this system is mandatory mediation in contested custody cases. Before proceeding to a contested hearing, the court refers parties to mediation to attempt to resolve custody and visitation disputes. Mediation provides a structured environment for parents to negotiate a parenting plan with the assistance of a neutral third party. If mediation is unsuccessful, the case proceeds to a court hearing. Mediation may be waived or modified in cases involving domestic violence or other circumstances that make it inappropriate.

For a broader overview of custody principles, see our guide on child custody laws explained.

The Criminal History Factor

Delaware includes a factor in its best interests analysis that many states do not: the criminal history of any party or household member. Under 13 Del. C. Section 722, the court must consider criminal history as one element of its evaluation, alongside domestic violence, each parent’s compliance with parental responsibilities, and the geographic proximity of the parents’ residences.

This provision means that a criminal record — whether the parent’s own or that of someone living in the household — can directly affect custody outcomes. The relevance and weight given to the criminal history depends on the nature of the offense, how recent it was, and its potential impact on the child. Violent offenses, drug-related convictions, and offenses involving children carry the most weight. The provision also extends to household members who are not parties to the case, meaning that a parent’s live-in partner or other resident’s criminal history can be considered.

Types of Custody in Delaware

Delaware recognizes several custody arrangements:

• Sole Custody — One parent has both legal decision-making authority and primary physical custody. The other parent typically receives a visitation schedule.
• Joint Legal Custody — Both parents share the right and responsibility to make major decisions regarding the child’s education, health care, and welfare. Joint legal custody requires that the parents are able to cooperate and communicate effectively.
• Joint Physical Custody — The child spends significant time living with each parent. This does not necessarily require an equal division of time, but rather a schedule that gives each parent substantial residential contact.
• Divided Custody — Different children are placed with different parents, based on each child’s individual needs and best interests.
• Shared Custody — Both parents have the child for significant, roughly equal periods of time.

The court has discretion to combine these forms to create the arrangement that best serves the child’s welfare.

Best Interests Factors

Under 13 Del. C. Section 722, the court considers a range of factors when determining custody:

• The wishes of the parents and the child as to custody and residency
• The interaction and interrelationship of the child with parents, siblings, and other significant persons
• The child’s adjustment to 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 the child
• Evidence of domestic violence
• The criminal history of any party or household member
• The nature and quality of the child’s relationship with each parent
• The geographic proximity of the parents’ residences

Delaware law also provides that the court shall not give preference to one parent based solely on their gender.

Child’s Preference

Delaware does not set a specific age at which a child may choose which parent to live with. The court may consider the wishes of the child as one factor in the best interests analysis. In practice, the weight given to a child’s preference increases as the child matures and demonstrates the capacity for reasoned judgment. The court may interview the child in chambers or appoint a guardian ad litem to assess and represent the child’s interests.

Parenting Plans

Delaware courts require parents to submit a proposed parenting plan that addresses the residential schedule, decision-making authority, holiday and vacation arrangements, communication between households, and procedures for resolving future disagreements. If the parents cannot agree, the court will establish a plan based on the best interests of the child.

Relocation

Under 13 Del. C. Section 727, a parent seeking to relocate with the child must provide at least 60 days written notice to the other parent. If the other parent objects, the court evaluates the proposed relocation based on the best interests of the child, considering the reasons for the move, the impact on the child’s relationship with both parents, and whether the proposed new residence offers advantages for the child. The court may modify custody or the visitation schedule as necessary.

Delaware’s “Parent Education” Requirement

Delaware requires parents involved in custody proceedings with minor children to complete a parent education program. This court-mandated program covers topics including the impact of separation and divorce on children, strategies for reducing parental conflict, the importance of maintaining the child’s relationships with both parents, and age-appropriate communication about the family’s changes.

Completion of the parent education program is typically required before the court will finalize custody and visitation arrangements. The program is available through court-approved providers and is distinct from the mediation requirement.

Grandparent Visitation

Grandparents may petition for visitation under 10 Del. C. Section 1031(7). The court considers whether the grandparent has a substantial and positive prior relationship with the child and whether visitation would be in the child’s best interests. Consistent with the constitutional framework set by Troxel v. Granville, the court gives appropriate weight to a fit parent’s decisions regarding the child’s associations.

When to Seek Legal Help

Delaware’s custody framework involves mandatory mediation and a detailed best interests analysis. Whether you are establishing an initial custody arrangement, responding to a relocation request, or seeking to modify an existing order, a family law attorney can help you understand your rights and present your case effectively. Schedule a free consultation to discuss your custody matter.

Frequently Asked Questions

Is mediation required in Delaware custody cases?

Yes. Delaware requires mandatory mediation in contested custody cases. Before proceeding to a contested hearing, the court refers parties to mediation to attempt to resolve custody and visitation disputes with the help of a neutral third party. Mediation may be waived in cases involving domestic violence or other circumstances that make it inappropriate.

What are Delaware’s relocation notice requirements?

Under 13 Del. C. Section 727, a parent seeking to relocate with the child must provide at least 60 days written notice to the other parent. If the other parent objects, the court evaluates the proposed relocation based on the best interests of the child, including the reasons for the move, the impact on the child’s relationship with both parents, and the advantages of the new location.

Does Delaware consider criminal history in custody cases?

Yes. Under 13 Del. C. Section 722, the criminal history of any party or household member is one of the factors the court considers in the best interests analysis, along with evidence of domestic violence, each parent’s compliance with their parental rights and responsibilities, and the geographic proximity of the parents’ residences.

What types of custody does Delaware recognize?

Delaware recognizes sole custody, joint legal custody, joint physical custody, shared custody (roughly equal time), and divided custody (different children placed with different parents). The court has broad discretion to combine these arrangements to serve each child’s individual best interests.

Can a household member’s criminal record affect custody in Delaware?

Yes. Delaware’s best interests factors under 13 Del. C. Section 722 specifically include the criminal history of any party or household member. This means that a parent’s live-in partner, relative, or other person residing in the home may have their criminal history considered by the court, particularly if the offense involves violence, drugs, or children.

What is the parent education requirement in Delaware custody cases?

Delaware requires parents involved in custody proceedings with minor children to complete a court-mandated parent education program. The program covers the impact of separation on children, strategies for reducing parental conflict, and the importance of maintaining both parent-child relationships. Completion is typically required before the court will finalize custody arrangements.

How This Guide Was Researched

This guide was developed through a detailed review of Delaware’s custody statutes under 13 Del. C. Sections 721 through 733, with particular attention to the best interests factors in Section 722 — including the criminal history provision and domestic violence considerations. We analyzed the mandatory mediation requirements under Delaware Family Court rules, the relocation provisions under Section 727, and the grandparent visitation standard under 10 Del. C. Section 1031(7) in the context of the Troxel v. Granville framework. Additional sources included the Delaware Family Court website, Delaware Family Court Civil Rules, the parent education program requirements, and the Delaware State Bar Association’s family law resources.

Sources and Legal References

• 13 Del. C. Sections 721 through 733 — Delaware custody provisions
• 13 Del. C. Section 722 — Best interests factors (including criminal history of parties and household members)
• 13 Del. C. Section 727 — Relocation provisions (60-day notice requirement)
• 10 Del. C. Section 1031(7) — Grandparent visitation
• Delaware Family Court rules on mandatory mediation
• Delaware Family Court parent education program requirements
• Troxel v. Granville, 530 U.S. 57 (2000) — Constitutional framework for grandparent visitation

Official Delaware Resources

• Delaware Family Court

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Divorce in Delaware — No-fault only grounds, equitable distribution, and the Family Court process
• Child support in Delaware — The Melson Formula and the self-support reserve
• How custody is determined — National overview of best interests standards
• Fathers’ rights in custody — Gender neutrality and equal treatment in custody law
• How to get full custody — When sole custody may be appropriate
• Custody mediation — What to expect from the mediation process
• Custody laws by state — Compare custody frameworks across all 50 states