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Legal Information: Delaware

Custody

Updated: 
March 26, 2024

What is visitation?

A judge may grant visitation rights to the parent that does not have primary residency. This means that if your child does not live with you full-time, you may still be given the right to visit your child. Generally, your custody order will include a schedule for the dates and times when you will be able to visit your child.1

Judges try to grant visitation to the parent that does not have primary residencey. Judges are supposed to try to create an arrangement where both parents have meaningful contact with the child. A Judge can restrict or eliminate contact with one parent if s/he finds that contact with that parent would endanger the child’s physical health or significantly impair the child’s emotional development.1

1 13 Del. C. § 728

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