Delaware Affidavit of Consent of a Child's Parent
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FAQ
Each parent will be responsible for a percentage of the primary support obligation, calculated by dividing the parent's net available income by the combined net available income.
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.
If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."
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
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.
The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations.The parents have an existing court order, and a parent is violating the court order by interfering with the other parent's parenting time.
As a rule in most states, if the parents are not married, the mother is automatically given primary custody rights over the children. This means she has complete authority to make any major and minor decisions regarding her child's welfare.
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.
Can a Parent Stop a Child From Seeing the Other Parent? Yes, it is possible to legally prevent your ex from any contact with your children, under certain circumstances. If, for example, your ex is abusive or potentially dangerous, keeping your children out of his or her reach may be necessary.