Delaware § 722 Best interests of child

Delaware Statutes

§ 722 — Best interests of child

Delaware § 722

Title13

Ch. 7PARENTS AND CHILDREN

Subch.Custody Proceedings

This text of Delaware § 722 (Best interests of child) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 722 (2026).

Text

(a)The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:

(1)The wishes of the child’s parent or parents as to such child’s custody and residential arrangements;

(2)The wishes of the child as to such child’s custodian or custodians and residential arrangements;

(3)The interaction and interrelationship of the child with such child’s parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best interests;

(4)The child’s adjustment to such child’s hom

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(a) The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:

(1) The wishes of the child’s parent or parents as to such child’s custody and residential arrangements;

(2) The wishes of the child as to such child’s custodian or custodians and residential arrangements;

(3) The interaction and interrelationship of the child with such child’s parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best interests;

(4) The child’s adjustment to such child’s home, school and community;

(5) The mental and physical health of all individuals involved;

(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;

(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and

(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.

(b) The Court shall not presume that a parent, because of such parent’s sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child’s primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect such parent’s relationship with the child.

Legislative History

59 Del. Laws, c. 569, § 4 ; 67 Del. Laws, c. 236, §§ 2, 3 ; 69 Del. Laws, c. 309, § 3 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 311, § 1 ; 84 Del. Laws, c. 42, § 1