Delaware Child Custody: A Parent's Guide

In short: Delaware bars any sex-based presumption in custody decisions, deciding each case under the best-interest standard using a defined list of factors. Relocating 60 days or more, whether out of state or materially affecting the existing arrangement, generally requires 60 days' written notice and, absent agreement, court approval. Child support uses the distinctive Melson Formula, shared by only three states.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Delaware family law attorney.

What Delaware generally provides

Delaware Family Court determines legal custody and residential arrangements under 13 Del. C. § 722 based on the best interests of the child, weighing all relevant factors. The statute is explicit that the court may not presume either parent, because of their sex, is better qualified to serve as legal custodian or primary residential parent.

Important terminology

• Legal custody: decision-making authority over the child's upbringing; can be sole or joint.
• Residential arrangement: which parent (or both) the child lives with and on what schedule; distinct from legal custody.
• Primary residential parent: the parent with whom the child resides most of the time, where residential arrangements aren't equally split.

How custody works in Delaware

No sex-based presumption, decided on the facts

Delaware's statute forecloses any presumption favoring a mother or father as better suited to be the custodial or primary residential parent, and directs courts not to weigh conduct that doesn't affect the parent's relationship with the child.

The core best-interest factors

Courts consider the wishes of the child's parents as to custody and residential arrangements, the child's own wishes, the child's interaction and relationship with parents, siblings, and other significant household members, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, and each parent's past and present compliance with their parental rights and responsibilities.

Parenting schedules

Once legal custody and residential arrangements are set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under 13 Del. C. § 734, Delaware's relocation rules apply to a proposed move of 60 days or more that either takes the child outside Delaware or materially affects the existing custodial and residential arrangement or order. The relocating parent generally must give 60 days' written notice, and, absent the other parent's agreement, may need to seek court approval under the best-interest standard. The court weighs the nature, quality, and duration of the child's relationship with both the relocating and non-relocating parent, the child's age, developmental stage, and needs, the feasibility of preserving the non-relocating parent's relationship through a revised visitation schedule, and the child's own preference given sufficient age and maturity. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Delaware uses the Melson Formula under Family Court Civil Rules 500-510, one of only three states to use this three-stage model (alongside Hawaii and Montana). It first protects a self-support allowance for each parent (around 110% of the federal poverty level), then calculates a primary support obligation for the children, and finally applies a Standard of Living Adjustment sharing any income above subsistence level with the children.

Can a custody order be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt or to enforce the order with the Family Court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because Delaware's Melson Formula works differently from the income-shares model used in most states, don't assume a support estimate from a different state's calculator will translate directly, and get a Delaware-specific calculation. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Delaware resources

• 13 Del. C. § 722 (Best Interests of Child)
• 13 Del. C., Chapter 7, Subchapter II (Custody Proceedings, including Relocation)
• Delaware Family Court: Child Support Formula (Melson Formula)

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related Delaware pages

• Delaware hub