Divorce is challenging for everyone in the family, especially for the children. When the time comes to discuss who the children will live with and who will make decisions for them, the conversation between the parents can become challenging.
The court aims to make custody determinations based on the child’s best interests, which at times means making decisions that will give one parent more time with the child, as well as more authority over them.
Examples of such situations include:
Violence
Delaware courts are less likely to award sole custody, joint custody or allow the child to live with the parent full-time if that parent committed a violent crime, such as domestic violence, and has a recent conviction on their record. However, sometimes parents who have a past history of violent crimes have shown a lengthy record of non-violent behavior. In these cases, judges are more likely to consider a parent’s request for more custody if they can provide sufficient evidence that satisfies the court.
Abandonment
Evidence of abandonment can hurt a parent’s chances of getting the amount of custody they want, whether physical or legal. Courts evaluate each case individually and will look at all evidence, including the potential of a parent leaving their children behind temporarily due to domestic violence, or whether the parent abandoned the child for other reasons.
Violating court orders
If a parent violates an order of the court regarding the child’s custody, especially if this happens repeatedly, the court may consider this in determining who the child will live with and who will make decisions for the child.
Child custody issues can be complex and especially difficult because most parents genuinely want what is best for their children. It is critical, however, to comply with court orders and remain informed of what you can and cannot do with your child before making a decision that could affect your chances of spending more time with your child.