Before walking into a family court hearing, it’s important to familiarize yourself with the regulations that Delaware upholds as far as custody arrangements go. Below are a few of the most critical laws that every parent in the state should be aware of:
Only a child’s parents may petition for custody
While courts may grant guardianship rights to relatives or family friends, only parents can be granted custody arrangements. This can, in some cases, include step-parents as well.
There are many facets to custody arrangements
Custody is a very complex term to understand – and one that involves several facets. Think of custody as being comprised of two separate areas, one being legal custody and the other being physical custody. Legal custody is the right of each parent to be involved in the process of making decisions that affect their children’s lives, whereas physical custody refers only to where the child or children actually will live (or residences that they will share time between).
Legal custody can be joint or sole. When a parent is giving sole legal custody, that means that only that one parent is able to make decisions on behalf of their kids. The other parent will not have a legal say in any decision-making matters. If joint custody is granted, then both parents are expected to work together and come to a mutual decision regarding their children’s well-being and needs.
As far as physical custody goes, there isn’t an exact formula to deciding which household the child will spend time at and when if both parents are granted joint physical custody. Courts will work with parents to determine a schedule for their kids that best accommodates to everyone’s needs.
What happens if you are not satisfied with your custody arrangements?
In Delaware, parents have the right to contest custody decisions. In the event that a parent is not satisfied with the other parent’s actions or feels as though they were not given sufficient visitation rights, they may petition the court to review their case, provided they offer sufficient evidence to support their stance. In cases of child abuse, where the parent with the better custodial rights is the offender, the other parent may be granted sole physical and legal custody if the offender is found to have committed a crime or deemed incapable of upholding their current custodial arrangement.
Because the laws can be difficult to understand and complex, it is in every parent’s best interest – and in the best interest of the children – to consult with an experienced child custody lawyer in Delaware for legal guidance.
