Delaware Child Custody Factors

In Delaware, the Court shall consider all relevant factors in making a child custody decision including:

(a) The wishes of the child’s parent or parents as to his or her custody and residential arrangements;

(b) The wishes of the child as to his or her custodian(s) and residential arrangements;

(c) 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;

(d) The child’s adjustment to his or her home, school and community;

(e) The mental and physical health of all individuals involved;

(f) Past and present compliance by both parents with their rights and responsibilities to their child

(g) Evidence of domestic violence

(h) 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. (Delaware Code - Title 13 - Chapters: 722)

In Delaware, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them. You can also read more about Delaware child custody in the Delaware state statutes located at: