WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: Delaware


Laws current as of March 26, 2024

What is custody?

Custody is the legal responsibility for the care and control of your child (under 18).

In Delaware, when a judge gives you a custody order, it will address two things: legal custody and residency.

Legal custody is the right to make major decisions about your child. If you are given legal custody of your child, you have the right to make the following types of decisions:

  • where your child goes to school
  • whether your child gets a particular type of medical care
  • what kind of religious training your child receives

Residency is the actual physical care and supervision of your child (under 18). If you are granted residency, your child may live with you on a day-to-day basis.1

Judges make decisions about custody according to what is in “the best interest of the child.” This means that they will look at several factors when deciding who should be granted custody to make sure that the child is living in a safe and caring household.2

1 13 Del. C. § 727
2 13 Del. C. § 722