Delaware Divorce With Children — Custody and Child Support (2026)

Delaware Family Court applies the "best interests of the child" standard in all custody and visitation decisions (13 Del. C. § 722).

Delaware Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions — strongly preferred in Delaware absent domestic violence or inability to cooperate
• Sole legal custody: One parent has decision-making authority — when cooperation is impossible

Physical Custody (Residency)

• Primary physical residence: Child primarily lives with one parent; other parent has visitation
• Shared physical residence: Substantial parenting time with each parent

Best Interests of the Child — Delaware Factors (13 Del. C. § 722)

Delaware courts consider:

1. The wishes of the child (based on age and maturity)
2. The wishes of the parents
3. The interaction and interrelationship of the child with parents, siblings, and other significant persons
4. The child's adjustment to home, school, and community
5. The mental and physical health of all individuals involved
6. Past and present compliance with rights and responsibilities under § 701
7. Evidence of domestic violence (treated as substantial)
8. The criminal history of any party
9. Any other relevant factor

Domestic violence: Delaware courts give substantial weight to documented domestic violence history.

Parenting Plan — Required

A comprehensive Parenting Plan must be filed with the Delaware Family Court. It must address:

• Legal custody designation (joint or sole)
• Primary residence and regular parenting schedule (weekdays, weekends, alternating)
• Holiday and vacation schedule (specific holidays, school breaks, summers)
• Healthcare decision-making and information sharing
• Educational decisions and school information
• Transportation and exchange logistics
• Communication between parents and with the child
• Relocation provisions (notice requirements)
• Dispute resolution process (mediation before court)

Delaware Family Court judges review Parenting Plans carefully and will return incomplete plans.

Delaware Child Support Formula

Delaware uses an income shares model:

1. Determine both parents' gross monthly income from all sources
2. Apply allowed deductions
3. Combine income and apply Delaware Child Support guidelines schedule
4. Allocate each parent's share proportionally
5. Adjust for health insurance premiums, childcare costs, parenting time

Health insurance: One parent designated to carry coverage; premium factored into calculation.

Income Withholding Order: Routinely issued with every child support order.

Duration: Delaware child support generally continues to age 18 or through high school graduation.

Modification: Either parent may petition Family Court for modification when circumstances change materially.

Parent Education Program

Delaware Family Court may require both parents to complete a parent education seminar. Check with the specific Family Court location for current requirements.

Last reviewed: March 2026 | 13 Del. C. § 722 best interests | Joint legal custody preferred | Parenting Plan required | Delaware Child Support Formula — income shares | Support ends at 18/HS graduation | Domestic violence: substantial weight | Family Court — all three counties | courts.delaware.gov/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.