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Legal Information: Delaware


April 8, 2020

What is joint custody?

In Delaware, a judge may award both parents joint legal custody. This means that both parents have equal rights and responsibilities for major decisions concerning the child, including:

  • the education of the child,
  • health care, and
  • religious training

These rights cannot be restricted unless the judge finds that the child’s contact with the parent puts the child’s health or emotional development in danger.1

The judge may choose one parent to have sole power to make certain decisions while both parents have equal rights and responsibilities for other decisions.

Even though both parents may share legal custody, only one parent will be awarded primary residency. This means that the child will live with one parent full-time while the other parent may be granted the right to visit the child.2

1 13 Del. C. § 728
2 13 Del. C. § 728