What should you know about child custody in Delaware?
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What should you know about child custody in Delaware?

| Aug 11, 2020 | Divorce |

When parents separate or divorce, they care certain to have many questions about their state’s custody laws. What should parents know about child custody laws in Delaware?

What happens when a parent seeks custody of their child?

When a parent living apart from a child’s other parent petitions for custody, the court will serve both parents with a preliminary injunction. This order will also be served if both parents petition the court for custody. This order prohibits parents from moving their child from the state and orders both parents to take a class on parenting.

Which parent gets physical custody of the child?

In Delaware, parents may share physical custody of their child, called joint custody. In these cases, both parents must work together to make decisions about the child’s schooling, church attendance, medical care and other legal details.

In other cases, the court may grant one parent sole custody of their child. They will make many of the legal decisions of their child and act as their primary caregiver.

The court makes these custody decisions primarily based on what is best for the child.

What are a non-custodial parent’s rights?

Even if one parent is granted custody of the child, their non-custodial parent has certain rights under the law. They have the right to receive information about the child’s medical care, religious activities and school activities. They will also have the right to see their child in visitation unless the court determines that visitation is not in the best interest of the child.

Can one parent move their children out of state?

Even if one parent has primary custody of a child, they must notify the child’s other parent immediately after learning that they will move. If they don’t, the court might order additional visitation, temporary custody and other penalties because of this interference with the non-custodial parent’s rights.

What are grandparents’ rights after a divorce?

Divorce can have a long-lasting impact on a child’s relationship to their extended family. In Delaware, grandparents can petition the court for visitation if a child’s parents divorce or if one parent passes away. The court will grant them visitation rights if it is in the child’s best interest to spend time with their grandparents.

How is child support calculated?

Delaware courts grant child support based on a specific formula that factors each parent’s monthly income, the custody arrangement, the cost of child care, the cost of medical insurance, the child’s schooling costs and other details.

If you want to know how Delaware law will impact your relationship with your child in a divorce, speak to an experienced divorce attorney. They can answer your questions and creates a legal strategy that protects your parental rights.