WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.

Legal Information: Delaware

Custody

Updated: 
December 8, 2020

Can a parent who committed violence get custody or visitation?

A parent who committed domestic violence against the child, the other parent, or another member of the household generally will not be awarded sole or joint custody unless they have not committed any further acts of violence. In addition, the parent will have to prove that they have successfully completed a counseling program or that it is in the best interest of the child that they be awarded custody.1

1 13 Del. C. § 705A

Legal Information

© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.