What is required before a Divorce can be filed in Delaware? [1]
Jurisdiction:
- Delaware [3]
Area of Law:
What is required before a Divorce can be filed in Delaware?
Mattleman Weinroth & Miller PC
Free Legal Aid provides useful information about child custody. In addition to the video here, be sure you check out other resources.
CUSTODY INSTRUCTION PACKET [6]
The child has been living in Delaware for AT LEAST 6 CONSECUTIVE MONTHS BEFORE filing your Petition for Custody. (There are exceptions to this 6 month requirement. If the child has not lived in Delaware for at least 6 months, talk to an attorney to see if an exception applies to your situation.) Check to learn more.
Child Custody in Delaware: Best Interests of the Child [7]
A Delaware judge making custody decisions in a divorce case considers the best interests of the children to be the primary concern. Legal custody refers to a parent’s authority to participate in significant or long-term decisions regarding a child’s health, education, religious upbringing, and general welfare. Check to learn more.
According to Delaware Child Custody Laws, "The Court shall determine the legal custody and residential arrangements for a child in accordance with all relevant factors pertaining to the best interests of the child." Check to learn more.
Custody Overview [9]
Under Delaware law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her. Check to learn more.