The Delaware Code contains the state laws about child custody in Title 13, Chapter 7.
These are important laws for a parent involved in a custody situation to know, especially as a parent begins the process of making a custody agreement.
The laws that apply to the custody agreement are some of the more vital laws that parents should learn because the custody agreement is the final result of the custody proceeding and has the most impact.
Here is a brief overview of some of the laws that pertain to Delaware parenting plans.
Chapter 722 in the Delaware Code clearly explains that all custody decisions must be made in the best interest of the child.
This means that all decisions about custody, particularly those in the custody agreement, must fulfill the child's needs and focus on the child's welfare.
Parents need to think about the best possible situation for the child including the best place for the child to live, the best times for visitation, the school the child should attend, etc.
When making an agreement, the parents should put aside their own desires and put the child's best interest first.
When the court is deciding if an agreement is in the best interest of the child, it considers the following factors: the wishes of the child and the parents regarding custody arrangements; the interaction and interrelationship of the child with his or her parents and other significant persons; the child's adjustment to his or her home, school and community; the mental and physical health of all individuals involved; past and present compliance by both parents with their rights and responsibilities to their child; evidence of domestic violence; the criminal history of any party or any other resident of the household.
Parents also need to think about these factors and how they influence the agreement.
For example, if a child easily and quickly adjusts to new situations the child probably won't have a problem living with both parents, having frequent visitation, or having a schedule that changes.
But, if a child does not handle new situations well, the parents will need to come up with an agreement that lets the child slowly be introduced to new visitation, a new household, etc.
By doing this, the parents will be prepared to defend their parenting plan and to explain why it helps the child.
Chapter 727 in the Code gives further details about the rights and responsibilities parents have under the law concerning the parenting plan.
The state encourages the parents to set up a plan that gives the mother and father frequent and continuing contact with the children.
It is considered best for the child to have solid relationships with the child's mother and father.
The primary way to establish contact is through visitation.
Parents can also use the telephone, mail, and technology to stay in touch with the child.
Parents also have the right to access the child's records and to know about events that are going on in the child's life.
This is so a mother and father can both be involved with the child and attend extracurricular events and such.
For example, the mother and father should both know the child's baseball schedule so that both parents can attend the games.
The parenting plan and custody agreement should be made so the each parent can play a significant role in the child's life.
The state supports this and will accept an agreement that follows these terms and conditions.