Custody

Generally, at least one of the child’s parents is entitled to custody and/or visitation. Both parents have the right to request visitation, and judges try to grant this, unless it would harm the child’s physical health or emotional development.¹

If a judge determines that the child is neglected, or if it is in the child’s best interest, then s/he may grant guardianship to a non-parent.²

In addition, a non-parent, usually a relative of the child, can ask to be appointed as a legal guardian and can seek custody as well if the child is being neglected.² Even if a guardian is appointed, the parents still have the right to have contact with the child and also have financial responsibility for the child.³ The Department of Services for Children, Youth and their Families can also seek full custody if the child is being abused and is in danger.⁴

Also, any other adult can request visitation so long as s/he meets the following requirements:

• s/he has a substantial and positive prior relationship with the child; or
• s/he is a grandparent, aunt, uncle or adult sibling of the child.⁵

Through a guardian ad litem, children can also request visitation with a sibling (including half-siblings) or with other adults. To get visitation with an adult, the following must apply:

• The adult consents to visitation with the child and;
• The adult:
  • Has a substantial and positive prior relationship with the child; or
  • Is a grandparent, aunt, uncle or adult sibling of the child.⁵

A judge will decide all of this based on what s/he thinks is in the best interests of the child.

¹ 13 Del. C. § 728
² 13 Del. C. § 2330(a)(2)
³ 13 Del. C. § 2331
⁴ 13 Del. C. § 2512
⁵ 13 Del. C. § 2410