If you only remember one point about child custody and parenting time in Delaware, remember this: Delaware uses Legal custody and residential placement / visitation (parenting time).. Best-interests factors under title 13 include the child’s wishes, each parent’s wishes, interaction with parents and siblings, adjustment to home/school, and mental and physical health of all involved. Joint legal custody is common when parents can share decision-making; residential arrangements follow the child’s best interests. Procedure, examples, and the opinions below hang off Del. Code Ann. tit. 13, §§ 721 to 734. Relocation: A parent seeking to relocate with the child generally must petition Family Court; the court applies best-interests factors. Modification: A substantial change of circumstances is required to modify a final custody order.
Relocation with a child
A parent seeking to relocate with the child generally must petition Family Court; the court applies best-interests factors.
Walking through Delaware facts
Use this walkthrough to see which Delaware authority does the work at each step.
Two parents in Delaware disagree about where the child lives during the school week, and one wants to move.
- Use the labels Delaware actually uses: Legal custody and residential placement / visitation (parenting time)..
- Apply the best-interests factors: Best-interests factors under title 13 include the child’s wishes, each parent’s wishes, interaction with parents and siblings, adjustment to home/school, and mental and physical health of all involved.
- Check any parenting presumption: Joint legal custody is common when parents can share decision-making; residential arrangements follow the child’s best interests.
- If a move is proposed: A parent seeking to relocate with the child generally must petition Family Court; the court applies best-interests factors. Later changes follow: A substantial change of circumstances is required to modify a final custody order.
Custody petitions proceed in Family Court with mediation through the court mediation unit. Temporary contact orders may issue. Contested hearings apply statutory best-interests factors.
Modifying a Delaware custody order
A substantial change of circumstances is required to modify a final custody order.
How custody cases typically move in Delaware
Custody petitions proceed in Family Court with mediation through the court mediation unit. Temporary contact orders may issue. Contested hearings apply statutory best-interests factors.
Related Delaware guides
Case law: custody and parenting time in Delaware
WILLIAM H. Y., Petitioner Below, Appellant, v. MYRNA L. Y., Respondent Below, Appellee
…irming the Family Court’s denial of a father’s petition for custody of his 12 year old son, we confront the efficacy of a post-1971 Superior Court order incorporating custody provisions of a separation agreement into a divorce decree. Relying on 13 Del.C. § 729(b), pertaining to modification of child custody decrees, both the Superior and Family Courts held that the father fail…
WILLIAM H. Y., Petitioner Below, Appellant, v. MYRNA L. Y., Respondent Below, Appellee is worth reading on Delaware child custody because the court put the point in its own words: "Family Court’s denial of a father’s petition for custody of his 12 year old son, we confront the efficacy of a post-1971 Superior Court order incorporating custody provisions of a separation agreement into a divorce decree. Relying on 13 Del.C." Use that passage as the starting point, then read the facts that precede it.
DIVISION OF FAMILY SERVICES, Defendant Below, Appellant, v. Terry HUTTON, Plaintiff Below, Appellee
…, the DFS removed Quintana from the home and filed for sole custody. Before the decision on the custody of Quintana, DFS entered into a case plan with Mother requiring her to fulfill a number of responsibilities including the following: attending parenting classes, obtaining stable housing, and attending medical appointments for Quintana. Mother had partially complied with this…
DIVISION OF FAMILY SERVICES, Defendant Below, Appellant, v. Terry HUTTON, Plaintiff Below, Appellee is worth reading on Delaware child custody because the court put the point in its own words: "DFS removed Quintana from the home and filed for sole custody." Use that passage as the starting point, then read the facts that precede it.
In the Matter of THREE MINOR CHILDREN
In the Matter of THREE MINOR CHILDREN, 1979 Del. LEXIS 410 (1979)
…ave been living in foster homes 1 almost since birth. Legal custody has been in the Division of Social Services, Department of Health and Social Services of Delaware, petitioner, since year of placement. Termination is sought for the purpose of placing the children for adoption by their foster parents. The Superior Court, in a statutory *15 proceeding brought under 13 Del.C. Ch…
In the Matter of THREE MINOR CHILDREN is worth reading on Delaware child custody because the court put the point in its own words: "Legal custody has been in the Division of Social Services, Department of Health and Social Services of Delaware, petitioner, since year of placement. Termination is sought for the purpose of placing the children for adoption by their foster parents." Use that passage as the starting point, then read the facts that precede it.
In re C. M. D., a minor child
In re C. M. D., a minor child, 1969 Del. LEXIS 288 (1969)
…r Court dismissing an appeal from the Family Court awarding custody of a minor child to the Department of Welfare for the purpose of placing the child for adoption with the Children’s Bureau of Delaware. The child was born April 10, 1966 to a mother, divorced on January 1, 1966, who, on April 13, 1966, voluntarily placed her with the State Department of Welfare for care and sup…
Delaware opinions such as In re C. M. D., a minor child are cited where child custody is disputed. The court stated: "Court dismissing an appeal from the Family Court awarding custody of a minor child to the Department of Welfare for the purpose of placing the child for adoption with the Children’s Bureau of Delaware." That is the language to brief; the rest of the decision supplies the procedural posture.
Phillip ROGERS, Petitioner Below, Appellant, v. Ruth TRENT and William Trent, Respondents Below, Appellees
…rs (“Rogers”), filed a petition in the Family Court seeking custody of his minor son. The court granted his petition, but also granted visitation rights to the respondents-appellees, Ruth and William Trent (the “Trents”), the child’s great-aunt and uncle. Rogers contends the Family Court erred as a matter of law in granting visitation rights to the Trents as non-parents. We fin…
Delaware opinions such as Phillip ROGERS, Petitioner Below, Appellant, v. Ruth TRENT and William Trent, Respondents Below, Appellees are cited where child custody is disputed. The court stated: "Rogers”), filed a petition in the Family Court seeking custody of his minor son. The court granted his petition, but also granted visitation rights to the respondents-appellees, Ruth and William Trent (the “Trents”), the child’s great-aunt and uncle." That is the language to brief; the rest of the decision supplies the procedural posture.
James B. FRIANT, Petitioner Below, Appellant, v. Sandra J. FRIANT, Respondent Below, Appellee
…r. The Father and Mother are divorced. The Mother has legal custody of both children, as part of a New Jersey divorce decree. 1 For several years, since the divorce, the children have resided with their Mother in Delaware. The Father has also resided in Delaware for the last several years. On April 30, 1988, the Father filed a motion and affidavit to modify custody in the Famil…
Practitioners open James B. FRIANT, Petitioner Below, Appellant, v. Sandra J. FRIANT, Respondent Below, Appellee when Delaware child custody turns on the distinction in this sentence: "The Father and Mother are divorced. The Mother has legal custody of both children, as part of a New Jersey divorce decree. 1 For several years, since the divorce, the children have resided with their Mother in Delaware." Do not lift it out of the facts the court was deciding.
ELIZABETH A. S., Respondent Below, Appellant, v. ANTHONY M. S., Petitioner Below, Appellee
…om their respective spouses. 3 Jennifer has remained in the custody of her mother, although no petition for custody was ever filed; they reside together in the former marital household. Since the time of his departure, the father has voluntarily provided $20 per week for Jennifer’s support. In August, 1979, the father filed in Family Court a Petition for Visitation Rights. *723…
Delaware opinions such as ELIZABETH A. S., Respondent Below, Appellant, v. ANTHONY M. S., Petitioner Below, Appellee are cited where child custody is disputed. The court stated: "Jennifer has remained in the custody of her mother, although no petition for custody was ever filed; they reside together in the former marital household. Since the time of his departure, the father has voluntarily provided $20 per week for Jennifer’s support." That is the language to brief; the rest of the decision supplies the procedural posture.
Danielle SAMPSON, Below v. DIVISION OF FAMILY SERVICES and Court Appointed Special Advocate, Below
…ee, the Division of Family Services (“DFS”), took temporary custody of Samuel in February 2001, while DFS was investigating a case against Sampson relating to her four older children.2 On March 22, 2002, the Family Court terminated Sampson’s parental rights in those four children. In that proceeding, the Family Court also found that Samuel would be dependent or neglected if he…
Danielle SAMPSON, Below v. DIVISION OF FAMILY SERVICES and Court Appointed Special Advocate, Below is worth reading on Delaware child custody because the court put the point in its own words: "Division of Family Services (“DFS”), took temporary custody of Samuel in February 2001, while DFS was investigating a case against Sampson relating to her four older children.2 On March 22, 2002, the Family Court terminated Sampson’s parental rights in those four children." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Best-interests standard: Best-interests factors under title 13 include the child’s wishes, each parent’s wishes, interaction with parents and siblings, adjustment to home/school, and mental and physical health of all involved.
- Labels used in Delaware: Legal custody and residential placement / visitation (parenting time)..
- Parenting-time posture: Joint legal custody is common when parents can share decision-making; residential arrangements follow the child’s best interests.
- Relocation: A parent seeking to relocate with the child generally must petition Family Court; the court applies best-interests factors.
- Modification: A substantial change of circumstances is required to modify a final custody order.
- Primary authority: Del. Code Ann. tit. 13, §§ 721 to 734.
Best-interests factors in Delaware
Best-interests factors under title 13 include the child’s wishes, each parent’s wishes, interaction with parents and siblings, adjustment to home/school, and mental and physical health of all involved.
Legal custody, physical custody, and parenting time
Legal custody and residential placement / visitation (parenting time).
Joint legal custody is common when parents can share decision-making; residential arrangements follow the child’s best interests.
Frequently asked questions
What does Delaware call “custody”?
Legal custody and residential placement / visitation (parenting time).
Can I move out of state with my child?
A parent seeking to relocate with the child generally must petition Family Court; the court applies best-interests factors.
How do I change an existing custody order in Delaware?
A substantial change of circumstances is required to modify a final custody order.
This guide covers Delaware custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.