Custody Questions and Answers
- What is the meaning of custody?
to Delaware law, the parent who has custody of his or her child decides
where the child will live, what school the child will attend, what doctors
the child will see, and what religion the child will follow.
parents have joint custody, the custody order will state with which
parent the child will live. The parents must talk and make joint
decisions on the child’s school, religion, and doctors.
- If I have legal custody, can the other parent take my child?
hope that all parents will follow Court orders. If a parent keeps
a child longer than the Court order allows, you have the right to come
to the Court to have your order enforced.
- If I have custody, will the other parent still have visitation?
unless the parents agree that one parent will not have visitation or
unless a Judge, after a Court hearing, decides that visitation would
be harmful to the child. According to Delaware law, the child
should have frequent contact with the other parent, in person, by mail,
and by telephone.
- If I have custody, must I tell
the other parent when my child has school programs, doctors appointments,
etc.? Must I tell the other parent about report cards?
According to Delaware law, whether one parent has legal custody or parents
have joint custody, each parent has the right to receive information
about the child’s schooling, medical treatment, and any activity in
which the child participates. This information should be given
as soon as they find out about it, so the other parent can attend.
This includes things like doctor’s appointments, school programs, Little
League games, and religious events.
- If I have custody, will the
other parent have to pay support?
unless the Court after a hearing finds that the other parent is unable
to pay support. This does not happen often.
- If I have custody, can I move
from this state with my child?
a parent is going to move from this state with the child, that parent
must tell the other parent as soon as he or she knows they are moving.
If the moving parent does not tell the other parent, he or she may be
considered to be interfering with the other parent’s right to visitation
and contact with the child. If that happens, the Court may order
extra visitation or temporary custody to the other parent. In
addition, the moving parent may be ordered to pay Court costs, attorney’s
fees, and a fine.
may agree between themselves to change custody or visitation, or either
parent may petition the Court to change custody or visitation because
of the move.