Delaware Child Custody and Parenting Time Resources

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Custody in Delaware is decided in the Family Court. Most states split the question in two: who makes the big decisions for the child, and what the day to day schedule looks like. Both usually end up written into one order or parenting plan the judge approves.

The wording differs from state to state, so read the official Delaware documents below rather than assuming a term you heard elsewhere means the same thing here. Courts decide these cases on the best interests of the child, and the official forms are written to collect the facts a judge needs.

Official Delaware custody resources

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Delaware family law forms (official index) (Delaware judicial branch): The official statewide collection of Delaware family law forms. When a direct document link stops working, this index is where the current version lives. https://courts.delaware.gov/forms/family.aspx

Delaware court self-help resources (Delaware courts self-help): Official self-help information for people handling their own Delaware family case, including instructions and plain-language guides. https://courts.delaware.gov/help

Delaware mediation and dispute resolution (Delaware judicial branch): Official information on mediation and other ways to settle a Delaware family case without a trial. https://courts.delaware.gov/mediation

File & Serve Delaware (Family Court not included) (Tyler Technologies): Delaware Family Court does not offer e-filing at all as of mid-2026, so divorce and custody papers are filed on paper with the Family Court clerk. Other Delaware courts use separate e-filing systems that do not cover family cases. https://www.fileandservedelaware.com/

Delaware rules of procedure (Delaware judicial branch): The court rules that control deadlines, service, and how family cases move in Delaware. https://courts.delaware.gov/rules

Verified official Delaware custody documents

These official documents cover asking for custody, setting a schedule, and putting a parenting plan in front of the judge.

Child Custody Instruction Packet (Child Custody / Parenting), official document: https://courts.delaware.gov/forms/download.aspx?id=39268

Official link data for Delaware was last verified June 2026. Report anything outdated through our contact page and we will re-check the official source.

Frequently asked questions

Which court hears family cases in Delaware?

Family cases in Delaware are heard in the Family Court. Delaware has a single, dedicated statewide Family Court for all divorce, custody, and support. Family Court sits in each of Delaware's three counties.

Does Delaware favor one parent over the other?

Custody decisions are made on the best interests of the child, not on which parent asks first. Judges look at things like stability, each parent's involvement, the child's needs, and whether a parent supports the child's relationship with the other parent. Read the official Delaware forms and self-help material for the factors this state asks about.

Do we have to go to mediation first?

Many courts send custody disputes to mediation before a hearing, and some require it. The official Delaware mediation page linked above explains what this state offers and when it applies.