Copyright © Gary R. Spritz, Esquire, Delaware Divorce and Family Law. All rights reserved.
Suite 211 Wilson Building,
3511 Silverside Road,
Wilmington, DE 19810.
DELAWARE CHILD CUSTODY AND VISITATION
There is nothing that hurts a parent more than to see their child cry and nothing more important to us than our children. As a proud parent of two young women, I appreciate that. While it is always best for separating Mother and Father to jointly agree as to what child custody and child visitation arrangements. Often that is not possible. In that cases, unfortunately you may need to contact an experienced Delaware Custody Lawyer. They can and should discuss with you how Delaware Family Court determines Child Custody and Visitation cases.
Delaware Family Court typically applies the Best Interests of the Child test which i set forth in 13 Del. C. Sec. 721. These set forth 8 factors and are:
(1) The wishes of the child's parent or parents as to his or her custody and residential arrangements;
(2) The wishes of the child as to his or her custodian or custodians and residential arrangements;
(3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests;
(4) The child's adjustment to his or her home, school and community;
(5) The mental and physical health of all individuals involved;
(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;
(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and
(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.
Some Custody cases occur because one party has or wants to move from the area. I have experience in these cases and the court's in addition to the above often apply the Model Relocation Statutes. Lastly, some cases do not just involve parents, there are Third Party and Grandparent Visitation cases as well. Don't guess. call me at (302) 655-0900 and schedule an appointment.