Delaware Family Court:
What You Need to Know
Last reviewed: 2026-02
Just got served? Here's your priority list.
- 1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
- 2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
- 3. Read the best interest factors below to understand what your judge will evaluate.
This information is for educational purposes only and does not constitute legal advice. Delaware family law is complex and may vary by county. Always verify current statutes and consult a licensed Delaware attorney for your specific situation.
Court System Overview
Family Court
Delaware handles custody, divorce, and family law matters through the Family Court, which is a specialized court with exclusive jurisdiction over virtually all family law matters, including divorce, custody, visitation, child support, guardianship, and domestic violence. Cases are governed by Title 13 of the Delaware Code, Chapter 7 (Custody and Guardianship of Children). The Family Court operates in all three Delaware counties: New Castle, Kent, and Sussex. Each county has a Family Court courthouse, and the court provides mediation and other services to help resolve disputes.
Legal Custody
Legal custody in Delaware refers to the right and responsibility to make major decisions about the child's life, including education, healthcare, and religious upbringing (13 Del. C. 727). Courts may award Joint Legal Custody (both parents share decision-making authority) or Sole Legal Custody (one parent has exclusive authority). The court may specify which categories of decisions require joint agreement and which may be made independently.
Physical Custody
Physical custody (also called "residential arrangements") determines where the child lives. Delaware courts may award Joint Physical Custody or Shared Residential Placement (the child spends substantial time with both parents), Primary Physical Custody (the child lives primarily with one parent while the other has a visitation schedule), or Sole Physical Custody. The court establishes a residential schedule that specifies each parent's time with the child.
Presumption
Delaware law does not establish a presumption in favor of any particular custody arrangement. Under 13 Del. C. 722, the court determines custody in accordance with the best interests of the child, without preference based on the gender of the parent or the gender of the child. If either parent requests joint legal custody, the court must consider it but is not required to award it. There is no presumption of equal parenting time. The court has broad discretion to fashion an arrangement that serves the child's best interests.
Best Interest Factors
13 Del. C. 722
The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.
- 1 The wishes of the child's parent or parents as to custody and residential arrangements
- 2 The wishes of the child as to the custodian or custodians, considering the child's age and maturity
- 3 The interaction and interrelationship of the child with parents, siblings, grandparents, and any other person who may significantly affect the child's best interests
- 4 The child's adjustment to home, school, and community
- 5 The mental and physical health of all individuals involved
- 6 Past and present compliance by both parents with their rights and responsibilities to the child under 13 Del. C. 701
- 7 Evidence of domestic violence
- 8 The criminal history of any party or any other resident of the household, including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense
Note: Delaware Code 13 Del. C. 722 lists the specific factors the court must consider when determining custody. The court may not give preference to one parent over the other based on the gender of the parent or the child (13 Del. C. 722(b)). Evidence of domestic violence is a significant factor, and the court must consider its impact on the child's best interests. The court may order a custody investigation by the Division of Family Services or appoint a guardian ad litem to represent the child's interests. Criminal history of any household member is also a required consideration.
Every factor above is something you can document.
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Documentation the Court Expects
Delaware Family Court expects organized, factual documentation focused on the child's best interests. The Financial Report (Form 451) is required in cases involving child support. Courts value evidence demonstrating a parent's active involvement in the child's daily life, stability of the home environment, and compliance with parental responsibilities. The court may order mediation through the Family Court Mediation Program or a custody evaluation, and cooperation with these processes is viewed favorably.
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Filing Process
Step by Step
- 1 Confirm jurisdiction and residency requirements (at least one party must have been a resident of Delaware for at least 6 months before filing for divorce, per 13 Del. C. 1504; custody petitions under 13 Del. C. 721 may be filed if the child has resided in Delaware for at least 6 months under the UCCJEA)
- 2 Complete the Petition for Divorce (if married) or Petition for Custody (if unmarried parents) along with the Civil Case Information Statement and any required local forms
- 3 File the petition with the Family Court Clerk in the appropriate county (New Castle, Kent, or Sussex) and pay the filing fee (fee waivers available through an Application to Proceed In Forma Pauperis)
- 4 Serve the other party through personal service by the county sheriff or a licensed private process server, or through acceptance of service
- 5 The respondent has 20 days from the date of service to file a Response or Answer
- 6 Both parties complete and exchange financial disclosure documents, including the Financial Report (Form 451)
- 7 Attend any court-ordered mediation through the Family Court Mediation Program or participate in any custody evaluation ordered by the court
- 8 If the case is not resolved by agreement, attend trial where the court will issue orders on custody, residential arrangements, and child support
Required Forms
Typical Timeline
Delaware does not have a mandatory waiting period for divorce. However, you must meet the 6-month residency requirement before filing. Uncontested cases with full agreement may be resolved within 2 to 4 months. Contested custody cases typically take 6 to 18 months or longer, depending on the county, complexity of the issues, and court availability. Cases involving custody evaluations or guardian ad litem investigations may take longer.
Self-Represented (Pro Se) Notes
Delaware Family Court provides resources for self-represented litigants. The Family Court website (courts.delaware.gov/family) offers forms, instructions, and guides. The Family Court Self-Help Center in each county provides limited assistance with forms and procedures. Delaware Volunteer Legal Services and Legal Aid of Delaware offer free legal help to qualifying individuals. Pro se litigants must follow the same rules, deadlines, and procedures as represented parties under the Family Court Civil Rules.
Read the full Pro Se GuideFiling for custody? Get the step-by-step playbook.
Our Court Prep Playbook walks you through everything from filing to trial.
Modifying a Custody Order
What Counts as a Material Change
To modify a custody order in Delaware, you must demonstrate a material change in circumstances since the entry of the last custody order, and that the modification is in the child's best interests (13 Del. C. 729). The burden is on the party seeking modification to prove both elements. The change in circumstances must be significant and must have occurred after the last order was entered. Temporary or minor changes are generally insufficient.
How to File for Modification
File a Petition for Modification of Custody with the Family Court that issued the original order. The petition must describe the specific material changes in circumstances that have occurred since the last order. The other parent must be served with the petition and given notice of the hearing. The court may order mediation or a custody evaluation before the hearing. A hearing will be held where both parties can present evidence on the changed circumstances and the child's best interests.
Building Your Case Over Time
Document the specific changes in circumstances since the last order. Provide evidence such as school records, medical records, communication logs, residential schedule compliance records, and declarations from individuals with direct knowledge. Focus on events that occurred after the last order and demonstrate how the current arrangement no longer serves the child's best interests and how the proposed modification would better serve them.
Modifications require a documented trail of change.
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Key Deadlines & Tips
Deadlines to Know
- 6-month residency requirement before filing for divorce in Delaware (13 Del. C. 1504)
- 20 days for the respondent to file a Response or Answer after service
- Financial disclosures, including the Financial Report (Form 451), must be filed according to the court's scheduling order
- Temporary custody and support motions may be filed at any time and are typically scheduled promptly
- Post-trial motions must be filed within 10 days of entry of the order under Family Court Civil Rule 59
- Appeals from Family Court to the Supreme Court must be filed within 30 days of entry of the final order
Practice Tips for Delaware
Delaware's Family Court is a specialized court dedicated to family matters. Judges in Family Court handle family cases exclusively, which means they have deep experience with custody issues. Present your case in a factual, organized manner focused on the child's best interests.
Delaware Family Court offers a Mediation Program that can help resolve custody disputes without a trial. Mediation is often faster and less expensive than litigation, and courts look favorably on parents who make good-faith efforts to resolve disputes.
Criminal history of any household member is a required consideration under 13 Del. C. 722. If there are criminal history concerns in the other parent's household, bring this to the court's attention with supporting documentation.
Delaware law provides no gender-based preference in custody determinations (13 Del. C. 722(b)). Both parents are evaluated equally based on the best interest factors.
Evidence of domestic violence is a significant factor in Delaware custody cases. If domestic violence is an issue, document all incidents thoroughly, obtain protection from abuse orders as needed, and present this evidence to the court.
Keep detailed records of your parenting time, involvement in the child's school and medical care, and all communications with the other parent. Delaware courts value parents who demonstrate consistent involvement and a cooperative approach.
Official Resources
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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.