How is child Custody decided in Delaware?

  • When parents no longer live together, either party can file for custody of the child – either  joint custody or sole custody.
  • The issue of residential placement also needs to be determined. Based on the best interests of the child, the court determines where the child should reside. This could result in shared residential placement, also known as shared custody.
  • In making a determination of sole custody, the court must determine that the parties can’t work together, or that the child’s best interests are serviced by a single decision maker for the child.