Delaware family-law guide · reviewed August 22, 2026
Delaware Legal Custody, Residential Placement & Contact
Current, source-linked Delaware terminology and rules without imported out-of-state formulas.
Legal information, not legal advice. Delaware law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the Family Court receiving your case.
Delaware terminology
Legal custody
Joint or sole — major decisions about the child.
Residential placement
Where the child primarily lives.
Contact / parenting time
The scheduled time with each parent.
Family Court
Where Delaware family cases are heard.
Core rules
- Delaware uses 'legal custody', 'residential placement', and 'contact' / 'parenting time'
- The court decides based on the child's best interests (13 Del. C. § 722)
- Delaware does not create an automatic 50/50 residential-time presumption
- Absent a court order, both legal parents are joint natural custodians
- Cases are heard in the Family Court of the State of Delaware
Support and modification cautions
Delaware uses the Melson Formula under 13 Del. C. § 514 and the 2026 Delaware Child Support Formula (Form 509, eff 2/1/2026). A merits order on legal custody or primary residence has a two-year heightened modification standard; domestic violence after the last order permits modification at any time.
Official sources reviewed August 22, 2026
- 13 Del. C. § 722 — best interests of child
- Delaware Family Court — custody forms
- Delaware Legal Help Link
Always confirm current local forms, fees, and filing procedure with the Family Court clerk handling your case.