When parents are no longer living together – whether they were married or not married – if they’re not living together, one of the parties can file for custody. Custody under Delaware law means decision-making as far as the child is concerned. The courts, when they are faced with a claim that custody ought to be decided, can issue an award for sole custody or joint custody. There are only those two types.
There is also the idea of residential placement. Sometimes under Delaware law it’s called shared custody when it actually means shared residential placement. The court looks to the best interest of the child to make the determination of whether there should be sole custody or joint custody. In deciding whether there is sole custody, they have to make a determination that the parties can’t work together, or it’s in the child’s best interest to only have one of the child’s parents be the decision-maker for the serious decisions in their life.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced attorneys in the state of Delaware. Please contact the office for a free initial consultation and get any questions answered regarding child custody in Delaware.