Is joint custody the default?

Delaware courts consider multiple custody arrangements and choose based on the child's best interests [§ 13-722]. Joint custody is available but not automatically presumed — the court evaluates each family's specific circumstances.

At what age can a child choose which parent to live with?

Children's preferences are one factor courts consider [§ 13-722], but the weight given depends on the child's maturity and age. No specific age gives a child absolute choice — the court always evaluates best interests overall [§ 13-722].

How is child support calculated in Delaware?

Delaware uses an Melson Formula (income-shares variant) model. Delaware uses the Melson Formula, which first allocates a self-support reserve to each parent before calculating the child's share. The guideline amount can be adjusted based on specific circumstances.

What is a parenting plan?

A parenting plan is a detailed document outlining custody, visitation schedules, holiday allocation, decision-making authority, and communication protocols [§ 13-722]. Most courts require one before finalizing a divorce involving children.

Can I move out of state with my child?

Relocation with a child typically requires either the other parent's consent or court approval. The court evaluates whether the move serves the child's best interests ${cite(d, d.custodyCite)} and how it affects the other parent's relationship.

Topic guideUpdated 2026-02-27

Delaware Divorce With Children — Custody & Support

Custody, child support, and parenting plans when children are involved in an Delaware divorce

When children are involved, a Delaware divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §13-722.

💡The presence of children increases the complexity of a divorce. Both parents must provide financial disclosures, and the court requires a parenting plan before it will finalize the case.

How custody is determined §13-722

Courts determine custody based on the best interests of the child, considering 8 statutory factors including the child's wishes, each parent's mental and physical health, and the child's adjustment to home, school, and community.

Types of custody

Legal custody — the right to make major decisions about the child's education, health care, and welfare
Physical custody — where the child lives day-to-day
Joint custody — both parents share legal custody, physical custody, or both
Sole custody — one parent has primary decision-making authority or residential time

Child support

Delaware uses an Melson Formula (income-shares variant) model to calculate child support.

Delaware uses the Melson Formula, which first allocates a self-support reserve to each parent before calculating the child's share
Both parents' net incomes and the number of children determine the support obligation
Deviation from the formula requires written findings
Income can be withheld directly from the paying parent's employer §13-513

The parenting plan

Most Delaware courts require a written parenting plan that addresses:

Regular custody and visitation schedule
Holiday and vacation time allocation
Transportation arrangements and exchange locations
Decision-making authority for education, health, and extracurricular activities
Communication protocols between parents
Relocation restrictions and notice requirements

Temporary orders during the divorce §13-1509

Courts may issue temporary orders for support, custody, and exclusive use of the marital home pendente lite during the proceedings. Temporary custody and support orders typically remain in effect until the final decree is entered.

✓Document the current parenting arrangement before filing. Courts consider the existing status quo when making temporary and permanent custody decisions.

Modifying custody later

Custody may be modified upon showing a material change in circumstances and that modification is in the best interests of the child. §13-729

⚠If there is an immediate safety concern involving a child, the court can issue emergency orders on an expedited basis. Do not wait if a child's welfare is at risk.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Delaware attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions