The best-interest factors
Section 722 lists the factors: the wishes of the parents and the child, the child's bond with parents and others in the home, how settled the child is at home and school, everyone's health, and any abuse.
Treat the list as your outline. For each factor that matters, decide what proof you have.
Conduct only counts if it affects the child
Delaware has a clear rule: the court will not weigh a parent's conduct unless it affects that parent's relationship with the child. And it gives no parent an edge because of their sex.
So keep your case focused on the child, not on scoring points about the other parent's private life.
Legal and physical custody
Delaware separates legal custody (the big decisions) from where the child mainly lives. The primary residence. Each can be joint or sole.
Name which you want. Sole decisions and primary residence rest on different proof.
What the numbers do not show
The figures above show where Delaware children live, not who holds custody. Use them as background only.
Your evidence and the child's needs decide the case.
Building the record
Note the care you give and your time with the child, each with a date and the proof. Keep the messages that explain any change.
Casewell keeps those notes and files together. So a lawyer can read a clear timeline.
The factor about keeping to the order
Delaware works from eight factors, set out in title 13 section 722. Most read as you would expect. The wishes of the parents and the child, the child's relationships, adjustment to home and school, health, domestic violence and criminal history.
One is easy to miss. The statute asks about past and present compliance by both parents with their rights and responsibilities to their child.
That factor is answered by a record more directly than any other. Whether handovers happened, whether time was taken up, whether what was agreed was actually done.
The child's wishes carry no age
The child's wishes are the second factor on the list, and Delaware attaches no age to them. The statute asks for the wishes of the child as to their custodian and residential arrangements. It leaves the weight to the judge.
What decides that weight is maturity and reasoning rather than a birthday. A judge is asking whether the child understands what is being decided. The second question is whether the view is their own.
Children are rarely asked to say it in open court. It usually reaches the judge through an interview or an evaluation instead.
Before you file in Delaware
Save any existing order, track your time with the child for a few weeks, and write down the arrangement you want.
A Delaware family-law lawyer can weigh it against section 722 before you file.
Full-custody evidence checklist for Delaware
Use this before asking a lawyer or adviser to assess a pattern.
Turn scattered evidence into a usable case record
Casewell keeps dated events and their supporting files together. So a lawyer can review the sequence without rebuilding it from screenshots. Clear records may strengthen the presentation of abuse, unsafe care or repeated non-working together and improve your planning. Start your Casewell record today.
How many custody factors does Delaware have?
Eight, set out in title 13 section 722. They cover the wishes of the parents and child, relationships, adjustment, health, past and present compliance with parental responsibilities, domestic violence and criminal history.
At what age can a child choose in Delaware?
No age is set. The child's wishes are the second listed factor, and how much weight they carry depends on the child's maturity and reasoning.
Does Delaware publish a full-custody success rate?
No. Public data does not give a complete percentage of Delaware cases in which mothers or fathers receive sole legal and physical custody. Household statistics describe where children live, not court outcomes.
Do these statistics show that mothers get custody more often in Delaware?
They show the sex of the household householder in a living-arrangement table. They do not show legal custody, parenting-time percentages, the reason for the arrangement, or whether a court was involved.
Can documentation improve my chances of custody?
Yes. Good records can definitely improve your chances. They help you arrive prepared with clear, dated evidence in the right format. They give your lawyer a head start, saving time and fees. They cannot guarantee an outcome, but they can strengthen your case.
What should I record first?
Start with the current arrangement, then record each material change with the date, what was expected, what you observed, the source, the child-related effect, your response, and the outcome. Use Casewell to keep the entry and supporting file together.
Sources
Statistics are 2024 ACS 5-year estimates from Census table B09005. The values are checked against the official Census table-based data file. The table measures children's household living arrangements, not legal custody or court outcomes. The Census table, data file, and secondary machine-readable mirror are linked so the calculation can be reproduced.
- Delaware Code title 13 section 722 โ best interests of the child factors checked
- U.S. Census Bureau, ACS 2024 5-year table B09005 for Delaware checked
- U.S. Census Bureau, official 2024 ACS 5-year table-based B09005 data file checked
- Machine-readable ACS 2024 5-year B09005 values (Census Reporter mirror) checked
- U.S. Census Bureau, Custodial Parents and Their Child Support: 2022 checked