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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.
§ 785. Interference with custody; class G felony; class A misdemeanor. (2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.
In the context of parental unfitness, the court would consider the physical and mental health of the parents, their ability to provide a stable and safe home environment, whether there was abuse or domestic violence in the home, and whether there was drug or alcohol abuse, among other things.
Ing 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.
At What Age Can Teenagers or Other Children Refuse Visitation? Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.
Of the following children's rights: The right to a continuing relationship with both parents. The right to be treated as an important human being, with unique feelings, ideas and desires. The right to continuing care and guidance from both parents.
When determining custody, the Judge must consider what is in the. ... The child's relationships with parents, ... The child's adjustment to his or her. ... The mental and physical health of all. ... Both parents' past and present. ... The criminal history of both parents and. ... Parents' ability to communicate. ... Drug and alcohol history.
The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.