An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit of Children's Rights , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s). USLF control no. DE-EB700
Delaware Affidavit of Children's Rights
State:
Delaware
Control #:
DE-EB700
Format:
PDF
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
Delaware custody laws don't prescribe a certain age where a child's preference matters. Instead, a judge will weigh a child's preference according to the unique circumstances of your case. Some Delaware judges have interviewed children as young as six about their desires regarding custody.
Under Delaware law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
13 ANSWERS The child can not dictate who he or she will live with. You will need to have your child's preferences considered through a Guardian ad Litem.
In Delaware, spouses must be separated for six months before they can legally be divorced. Incompatibility and marital misconduct are the most commonly cited reasons for divorce, says Curtis Bounds, head of family law at Bayard in Wilmington.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the
There is no legal provision for a legal separation in Delaware.Delaware defines separation as living separately for six or more months before the filing for divorce. Delaware permits spouses to live under the same roof during a separation as long as they occupy separate bedrooms and do not have a sexual relationship.
Delaware does not recognize legal separation as a process to terminate a relationship.
