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Delaware Child Custody Factors

  1. Wishes of the child’s parent or parents as to his or her custody and residential arrangements.
  2. Wishes of the child as to his or her custodian(s) and residential arrangements.
  3. Interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best intersts.
  4. Child’s adjustment to his or her home, school and community.
  5. Mental and physical health of all individuals involved.
  6. Past and present compliance by both parents with their rights and responsibilities to their child.
  7. Evidence of domestic violence
  8. The Court shall not presume that a parent, because of his or her sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child’s primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect his or her relationship with the child.

    9. Delaware Code tit. 13 Sec. 722.

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    Comments

    Comment from julie
    Time: August 28, 2008, 10:08 pm

    I have sole custody of my 4yr old daughter. Her father has recently filed for visitation but due to him lying about his residence the judge ordered visitation to take place at a relative of his home. What can I do about this? how can I fight it? If this man takes my child and doesnt return her I dont have an address for him.

    Comment from papa
    Time: August 28, 2008, 11:26 pm

    Well, Julie, if the Judge ordered it, the only way you can change the order is to return to court and plead before the Judge. The thing is…to go back to court you generally need a change of circumstances. It doesn’t really sound to me like there’s a change of circumstances.

    It sounds more like you don’t agree with the Judge’s ruling. I can sympathize with that position. I’ve definitely felt that way before!

    My best advice is that you use the question box above and you may be able to receive some legal assistance that I’m not aware of.

    good luck

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