Delaware Parenting Plan
A Delaware parenting plan sets out legal custody, the child's residence, and the visitation schedule two parents ask the Family Court to approve under the best interests of the child standard. Attorney review available.
Find out where you stand in Delaware
What is your situation with the parenting plan?
DocDraft provides document preparation, not legal advice.
Introduction
A parenting plan is a written agreement that sets out how two parents will share responsibility for their children and the time the children spend with each parent, and it is used by parents who are divorcing, by parents who were never married, and by parents who need to change an existing custody order. Delaware separates two ideas. Legal custody is the authority to make major decisions about a child, and it can be joint, held by both parents, or sole to one parent. The child's residence is with which parent the child primarily lives, and visitation is the schedule of time with the other parent. A Delaware court determines legal custody and residential arrangements in accordance with the best interests of the child, weighing eight statutory factors, and it may not presume that a parent, because of that parent's sex, is better qualified to be a legal custodian (Title 13 of the Delaware Code, Section 722). Whether the parents have joint legal custody or one parent has sole legal custody, each parent has the right to material information about the child's school, medical treatment, and significant developments, and reasonable access to the child by telephone or mail (Section 727(a)). The court also determines with which parent the child shall primarily reside and a schedule of visitation with the other parent, consistent with the child's best interests and maturity (Section 728(a)). DocDraft builds your Delaware parenting plan from your family's schedule, with attorney review available before you file it with the Family Court.
Key Things to Know
- 1
A parenting plan is a written document in which two parents set out legal custody, the child's residence, and a visitation schedule for their children, whether the parents are divorcing, were never married, or are changing an existing order.
- 2
Delaware separates legal custody, the authority to make major decisions about a child, from the child's residence, with which parent the child primarily lives, and visitation, the schedule of time with the other parent.
- 3
Legal custody in Delaware can be joint, held by both parents, or sole to one parent (Title 13 of the Delaware Code, Section 722).
- 4
A Delaware court determines legal custody and residential arrangements in accordance with the best interests of the child, weighing eight statutory factors (Title 13 of the Delaware Code, Section 722).
- 5
A Delaware court may not presume that a parent, because of that parent's sex, is better qualified than the other parent to act as a joint or sole legal custodian (Title 13 of the Delaware Code, Section 722).
- 6
Whether the parents have joint or sole legal custody, each parent has the right to material information about the child's school, medical treatment, and significant developments, and reasonable access by telephone or mail (Title 13 of the Delaware Code, Section 727(a)).
- 7
A Delaware court determines with which parent the child shall primarily reside and a schedule of visitation with the other parent, consistent with the child's best interests and maturity (Title 13 of the Delaware Code, Section 728(a)).
Key decisions before you file
Before you file a Parenting Plan in Delaware, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
Open the Parenting Plan guideCustomize your Parenting Plan Template with DocDraft
Delaware Requirements for Parenting Plan
Legal Custody, Residence, and Visitation
Delaware separates legal custody, the authority to make major decisions about a child, which can be joint or sole, from the child's residence, with which parent the child primarily lives, and visitation, the schedule of time with the other parent. The Court sets both legal custody and residential arrangements in accordance with the best interests of the child (Title 13 of the Delaware Code, Section 722).
Best Interests of the Child Standard
A Delaware court determines legal custody and residential arrangements in accordance with the best interests of the child, weighing eight statutory factors, including the wishes of the parents and child, the child's relationships and adjustment to home and school, the health of those involved, past compliance with parental duties, domestic violence, and criminal history (Title 13 of the Delaware Code, Section 722).
No Presumption Based on a Parent's Sex
A Delaware court may not presume that a parent, because of that parent's sex, is better qualified than the other parent to act as a joint or sole legal custodian (Title 13 of the Delaware Code, Section 722). The court decides legal custody and residence on the best-interests factors, not on which parent is the mother or father.
Information Rights Under Any Custody Arrangement
Whether the parents have joint legal custody or one parent has sole legal custody, each parent has the right to receive, on request, material information about the child's progress in school, medical treatment, and significant developments, and each parent and child has a right to reasonable access to the other by telephone or mail (Title 13 of the Delaware Code, Section 727(a)).
Residence and Visitation Set by the Court
A Delaware court determines, whether the parents have joint or sole legal custody, with which parent the child shall primarily reside and a schedule of visitation with the other parent, consistent with the child's best interests and maturity (Title 13 of the Delaware Code, Section 728(a)). Your plan should set out the primary residence and the visitation schedule clearly.
Decision-Making in the Plan
Your Delaware parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under joint legal custody both parents share this authority; under sole legal custody it rests with one parent (Title 13 of the Delaware Code, Section 722).
Custody Set by Family Court Order
Delaware does not require a separate, standalone written parenting plan by statute. The Family Court determines legal custody, residence, and visitation in its order under the best interests standard, and parents may submit their own written agreement for the court to approve (Title 13 of the Delaware Code, Sections 722 and 728). A clear written plan still shows the court the arrangement the parents want.
Filing and Court Approval
Custody is decided by the Delaware Family Court, which publishes family forms including a Petition for Custody. Legal custody, residence, and visitation are set inside the Family Court's order, and a parenting plan the parents agree on becomes binding only when the court approves it in the child's best interests (Title 13 of the Delaware Code, Sections 722 and 728).