Creating a Parenting Plan in Delaware: Complete 2026 Custody Guide

A parenting plan in Delaware is a written agreement that sets legal custody, primary residence, and a parenting time schedule for your child, governed by 13 Del. C. § 722. Delaware Family Court charges a $100 custody filing fee, mediation is mandatory, and every plan must serve the child's best interests under eight statutory factors.

Key Facts: Parenting Plans in Delaware

Fees verified as of March 2026 via the Delaware Family Court Schedule of Assessed Costs. Verify with your local clerk before filing, as court costs change periodically.

What Is a Parenting Plan in Delaware?

A parenting plan Delaware families create is a written document that establishes legal custody, the child's primary residence, and a parenting time schedule between separated parents. Under 13 Del. C. § 727, Delaware distinguishes between legal custody (decision-making authority over education, medical care, and religion) and physical residence (where the child lives day to day). The Delaware Family Court must approve any parenting plan to make it an enforceable court order.

A complete custody agreement in Delaware addresses two distinct questions. First, who holds legal custody, meaning the right to make major decisions about the child's upbringing. Second, where the child primarily resides and what parenting time schedule the other parent follows. Even when parents share joint legal custody, 13 Del. C. § 728 requires the court to designate one parent as the primary residential parent in most cases, with a visitation schedule for the other parent designed to encourage frequent and meaningful contact with both parents.

How Does Delaware Determine the Best Interests of the Child?

Delaware courts decide custody using eight statutory best-interest factors codified in 13 Del. C. § 722, including the wishes of the parents and child, the child's relationships, adjustment to home and school, mental and physical health, parental compliance with responsibilities, domestic violence evidence, and criminal history. No single factor controls; the judge weighs all eight together.

The eight factors that every Delaware parenting plan must satisfy under 13 Del. C. § 722 are:

1. The wishes of the child's parent or parents regarding custody and residential arrangements.
2. The wishes of the child regarding their custodian and residential arrangements.
3. The interaction and interrelationship of the child with parents, grandparents, siblings, and other household members who may significantly affect the child's interests.
4. The child's adjustment to 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 under § 701.
7. Evidence of domestic violence as provided in Chapter 7A of Title 13.
8. The criminal history of any party or other household resident, including guilty pleas, no-contest pleas, or convictions.

The eighth factor, criminal history, was added by a recent amendment reflected in 84 Del. Laws, c. 42, § 1, and is part of the operative statute in 2026. Delaware law also prohibits gender bias: 13 Del. C. § 722 states the court shall not presume that a parent is better qualified based on sex, nor consider parental conduct that does not affect the parent-child relationship.

What Are the Types of Custody in Delaware?

Delaware recognizes two types of legal custody under 13 Del. C. § 727: sole legal custody, where one parent makes all major decisions, and joint legal custody, where both parents share decision-making authority over education, medical treatment, and religious upbringing. Joint legal custody is the preferred arrangement because Delaware courts recognize that children benefit from meaningful relationships with both parents.

Understanding the distinction between legal custody and physical residence is essential when building a custody agreement in Delaware. The table below breaks down how each arrangement functions.

Importantly, 13 Del. C. § 727 guarantees that even a parent without decision-making authority retains the right to receive, on request, all material information about the child's school progress, medical treatment, and significant life developments. Sole legal custody removes decision-making power but does not terminate the non-custodial parent's right to information or reasonable telephone and mail access to the child.

What Should a Delaware Parenting Plan Include?

A comprehensive parenting plan in Delaware should specify the legal custody arrangement, the child's primary residence, a detailed co-parenting schedule covering weekdays and weekends, holiday and vacation division, transportation responsibilities, and a method for resolving future disputes. The more specific the parenting time schedule, the fewer conflicts arise during enforcement.

When drafting a parenting plan that the Delaware Family Court will approve, include these core components:

• Legal custody designation: whether parents share joint legal custody or one holds sole legal custody.
• Primary residence: which parent the child lives with for the majority of the time.
• Regular co-parenting schedule: the weekly rotation of parenting time, including school nights and weekends.
• Holiday and vacation schedule: how parents divide major holidays, school breaks, and summer vacation.
• Transportation and exchange logistics: who handles pickups, drop-offs, and the exchange location.
• Communication rights: how each parent maintains contact with the child during the other parent's time, consistent with § 727.
• Decision-making protocols: how parents resolve disagreements on education, healthcare, and religion.
• Dispute resolution: a mediation-first clause for handling future conflicts before returning to court.

The Delaware Family Court provides a Custody, Visitation, and Guardianship Disclosure Report (Form 364) that each parent must complete before mediation. Bringing a well-organized draft parenting plan to mediation increases the likelihood of reaching a consent order that a judicial officer can sign into an enforceable court order.

How Does Custody Mediation Work in Delaware?

Mediation is mandatory in Delaware custody and visitation cases. After a Petition for Custody is filed and the other parent is served, the Family Court refers the case to mediation, where a neutral court employee helps parents reach agreement. Mediators cannot give legal advice or make decisions; they facilitate a consent order that a judicial officer then signs into a binding order.

The Delaware mediation process follows a defined sequence. After the respondent receives personal service of the custody petition and summons, the court refers the matter to mediation. Both parents must complete the Custody, Visitation, and Guardianship Disclosure Report (Form 364) and bring it to the conference. If a mediation conference does not occur, each party must exchange the disclosure report with the opposing party at least 7 calendar days before the first court appearance.

At the mediation conference, the mediator identifies areas of agreement and disagreement and explains the Contact Guidelines the court uses for parenting time schedules. When parents reach a full agreement, the mediator prepares a consent order that both parents sign, creating an enforceable court order. If parents cannot agree, the mediator may recommend a temporary contact schedule, and the petition is assigned to a judge for a full hearing at a later date. A motion to bypass mediation is rarely granted except in exceptional situations.

Mediation is waived when there has been a finding of domestic violence or an active no-contact order between the parties, unless the victim's attorney requests a mediation hearing and is present. In those cases, the petition goes directly to a judge for a hearing.

How Much Does It Cost to File for Custody in Delaware?

Filing a custody petition in Delaware Family Court costs $100 total, consisting of a $90 petition fee plus a $10 Court Security Assessment, as of March 2026. A petition to modify an existing custody order carries the same $100 cost. Parents who cannot afford the fee may apply for a waiver through an Application to Proceed In Forma Pauperis (Form 257P).

The cost structure for establishing a parenting plan in Delaware breaks down across several filings. The table below summarizes the primary Family Court costs.

Fee waivers are available for low-income parents. Approval of an Application to Proceed In Forma Pauperis typically requires household income at or below 150% of the federal poverty level, which is approximately $23,940 for a single-person household in 2026. Verify all current amounts with your county Family Court clerk, as Delaware court costs are subject to periodic adjustment. You can file at the New Castle County Family Court in Wilmington, the Kent County Family Court in Dover, or the Sussex County Family Court in Georgetown.

Can You Modify a Parenting Plan in Delaware?

Yes. Delaware permits modification of custody and residence orders under 13 Del. C. § 729. A consent order, interim order, or written custody agreement may be modified at any time using the same best-interest standard from § 722. However, contested modifications of final orders entered after a hearing face stricter timing limits and require showing changed circumstances.

Delaware's modification rules distinguish between types of existing orders under 13 Del. C. § 729. Orders entered by consent of all parties, interim orders, or written agreements between parents may be modified at any time according to the best-interest standards of § 722. This flexibility allows parents to adjust a co-parenting schedule when work hours, relocation, or the child's needs change.

Contested modifications of a final order entered after a full hearing face higher hurdles. Within two years of a final contested custody order, the court generally will not modify it unless continuing the order may endanger the child's physical health or significantly impair emotional development. After two years, the parent seeking modification must show that circumstances have changed and that modification serves the child's best interests. The modification petition carries the same $100 filing fee as the original custody petition, and modification cases are also routed through mandatory mediation before reaching a judge.

How Long Does Establishing a Parenting Plan Take in Delaware?

An uncontested parenting plan in Delaware reached through mediation can be finalized within 30 to 90 days after filing the custody petition and completing service. Contested custody cases that require a judicial hearing typically take 6 to 12 months or longer, depending on the court's docket, the complexity of the dispute, and whether expert evaluations are ordered.

The timeline for creating a parenting plan in Delaware depends heavily on whether parents agree. After filing the custody petition, the other parent must be personally served with a summons and a copy of the petition. Once positive service is returned, the court schedules mediation, which usually occurs within several weeks. Parents who reach a full agreement at mediation can have a consent order signed into a binding order at that conference, often producing a finalized parenting time schedule within one to three months of filing.

When parents cannot agree, the case is assigned to a judge for a full hearing scheduled at a later date. Contested custody hearings can require multiple court appearances, exchange of the disclosure reports, and sometimes evaluations of the family. These cases commonly extend 6 to 12 months. For divorce filings that include custody, the underlying divorce cannot be granted until the parties have been separated for 6 months under 13 Del. C. § 1503, though the custody petition itself can proceed on its own track within Family Court.