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Child custody decisions in Delaware

On Behalf of | Oct 22, 2019 | Firm News

Parents who are going through a divorce in Delaware must consider factors involved with child custody decisions. Ideally, the parents should decide together what living arrangements are best, but if not, the court will decide, and a judge will consider what is in the best interest of the child. 

According to Delaware Courts, upon a filed petition for custody, there is usually a referral for both parents to attend mediation. During this hearing, a neutral third party helps each parent come to an agreement determining child custody. If they cannot agree, they must move on to a court hearing. 

Whether or not the judge gives both parents legal custody or sole legal custody to one of the parents, either parent can request from the other information regarding: 

  • Medical treatment 
  • School progress of child 
  • Religion events 
  • School activities 
  • Sporting events the child has 

Each parent can attend these activities, and they have the ability to contact the child. The only exception to this is if contact with one parent would affect the child’s emotional or physical health. 

Very Well Family outlines what the court considers when looking at the best interests of the child. The age of the child is one consideration, as is the relationship the child has with each parent. The physical, mental and emotional health of everyone involved are factors, as is each parent’s ability to meet the needs of the child. 

Change has a big effect on children, so the court looks at how a custody decision affects routines in regard to school, living arrangements, extracurricular activities and visits with extended family members.