Delaware Custody Agreements and Parenting Plans - Information From the Delaware Code

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