Delaware Family Court establishes holiday custody schedules using an alternating-year system under 13 Del. C. § 722, which prioritizes the best interests of the child in all custody determinations. The standard Delaware holiday custody schedule divides major holidays into two columns, with parents rotating Column 1 holidays (Easter, July 4th, Halloween, Christmas Day) and Column 2 holidays (Memorial Day, Labor Day, Thanksgiving, Christmas Eve) in odd and even-numbered years. Holiday parenting time takes priority over regular visitation schedules when dates conflict, and parents may modify these arrangements through written mutual agreement or by petitioning the court for a modification, which costs $100 to file.
| Key Facts | Delaware Holiday Custody |
|---|---|
| Filing Fee (Modification) | $100 ($90 + $10 security assessment) |
| Residency Requirement | 6 months continuous residence |
| Governing Statute | 13 Del. C. § 722 (Best Interests) |
| Modification Standard | Best interests (consent orders); 2-year rule (contested orders) |
| Required Parent Education | 6-8 hours, max $100 per parent |
| Holiday Priority | Holidays override regular visitation schedule |
How Delaware Courts Structure Holiday Custody Schedules
Delaware Family Court uses a two-column alternating-year system that assigns specific holidays to each parent based on whether the calendar year is odd or even-numbered, ensuring both parents share meaningful holiday time with their children over a predictable cycle. Under 13 Del. C. § 722, the court determines custody arrangements based on the best interests of the child, considering factors including each parent's wishes, the child's preferences, parent-child relationships, and the child's adjustment to home, school, and community. Column 1 holidays include Easter (or other religious observances), Fourth of July, Halloween, and Christmas Day, while Column 2 holidays include Memorial Day, Labor Day, Thanksgiving Day, and Christmas Eve.
The Delaware Family Court Contact Guidelines establish that one parent receives Column 1 holidays in odd-numbered years (2025, 2027, 2029) and Column 2 holidays in even-numbered years (2026, 2028, 2030), while the other parent follows the opposite pattern. This structure ensures predictability for family planning and minimizes annual disputes over holiday allocation.
Standard Holiday Contact Times in Delaware
Delaware courts specify exact timeframes for holiday parenting time to eliminate ambiguity and reduce conflict between parents sharing custody of minor children.
| Holiday | Contact Hours | Special Notes |
|---|---|---|
| Christmas Eve | 6:00 PM Dec 24 - 12:00 PM Dec 25 | Overnight included |
| Christmas Day | 12:00 PM Dec 25 - 6:00 PM Dec 26 | Overnight included |
| Thanksgiving | 9:00 AM - 6:00 PM | Day only, alternates yearly |
| Easter | 9:00 AM - 6:00 PM | Or other religious holiday |
| Fourth of July | 9:00 AM - 6:00 PM | Independence Day |
| Memorial Day | 9:00 AM - 6:00 PM | Monday holiday |
| Labor Day | 9:00 AM - 6:00 PM | Monday holiday |
| Halloween | 5:00 PM - 8:00 PM | Shorter window for trick-or-treating |
| Mother's Day | 9:00 AM - 6:00 PM | Always with mother |
| Father's Day | 9:00 AM - 6:00 PM | Always with father |
Christmas and Winter Holiday Custody in Delaware
Delaware splits Christmas into two distinct periods: Christmas Eve runs from 6:00 PM on December 24th until noon on December 25th, while Christmas Day runs from noon on December 25th until 6:00 PM on December 26th, allowing both parents to share the holiday across the alternating-year schedule. This division means the parent with Christmas Eve custody has the child for the evening traditions, overnight, and Christmas morning until noon, while the Christmas Day parent receives the child for the afternoon, dinner, overnight, and much of December 26th.
Winter school break is handled separately from the Christmas holiday itself. Under Delaware guidelines, winter break shall be shared equally through division or rotation between parents. Parents may split the break in half, with one parent taking the first portion and the other taking the second portion, or they may alternate years for the entire break period.
Christmas Custody Example for Delaware Families
In odd-numbered years (2025, 2027, 2029), Parent A receives Christmas Day (noon Dec 25 through 6 PM Dec 26), while Parent B receives Christmas Eve (6 PM Dec 24 through noon Dec 25). In even-numbered years (2026, 2028, 2030), the schedule reverses, with Parent B receiving Christmas Day and Parent A receiving Christmas Eve. This ensures both parents experience Christmas morning with their children on alternating years.
Thanksgiving Custody Schedule in Delaware
Delaware's standard Thanksgiving contact runs from 9:00 AM until 6:00 PM on Thanksgiving Day, with the holiday alternating between parents each year as part of the Column 2 holiday group alongside Memorial Day, Labor Day, and Christmas Eve. The parent with Thanksgiving custody receives the child for the traditional meal and afternoon activities, while the other parent retains regular contact for the remainder of the long weekend.
Some Delaware parenting plans extend Thanksgiving contact to include the entire four-day weekend, running from 6:00 PM Wednesday preceding Thanksgiving until 10:00 PM Sunday. This extended format is particularly common when parents live farther apart or when traveling to extended family gatherings is planned. Parents should specify in their parenting agreement whether Thanksgiving includes only the holiday itself or the extended weekend period.
Summer Vacation and School Break Custody in Delaware
Delaware summer vacation parenting time operates on alternating weekly blocks from the first Friday in June through the last Friday in August, with each parent selecting their preferred weeks according to an annual rotation. One parent makes their summer week selections first each year, with the selection priority alternating annually between parents. Parents must submit their summer vacation selections between March 1st and April 1st each year to allow adequate planning time.
Children under age five follow a modified summer schedule that accounts for developmental needs. Young children typically maintain more frequent transitions rather than week-long blocks to preserve attachment relationships with both parents.
Spring break is shared equally through division or rotation, similar to winter break. Parents may split the break period in half or alternate entire spring breaks on an annual basis, depending on what arrangement best serves their family's needs.
Creating a Holiday Custody Schedule in Delaware
Parents in Delaware have three primary options for establishing a holiday custody schedule: agreeing between themselves and submitting a joint parenting plan, working through court-ordered mediation to reach agreement, or proceeding to a contested hearing where a judge will decide based on the best interests factors under 13 Del. C. § 722. The court strongly encourages parents to reach mutual agreements that can be customized to their specific family circumstances.
Required Steps for Delaware Custody Filings
- Complete Petition for Custody (Form 345) with notarization
- File Custody Separate Statement (Form 346) detailing living arrangements
- Pay $100 filing fee ($90 base plus $10 court security assessment)
- Attend court-ordered mediation session with completed Form 364
- Complete parenting education class (6-8 hours, maximum $100 cost)
- If mediation unsuccessful, proceed to judicial hearing
Both parents must complete a certified parenting education course under 13 Del. C. § 1507(h). The course covers children's adjustment to parental separation, children's rights during divorce, and effective co-parenting strategies. Certificates of completion must be submitted to the court, and failure to complete the course within 180 days of filing may result in dismissal of the custody petition.
Modifying an Existing Holiday Custody Schedule in Delaware
Delaware law under 13 Del. C. § 729 establishes different standards for modifying custody orders depending on how the original order was entered and how much time has passed since the last order. For consent orders where parents agreed to the arrangement, the court may modify custody anytime using the best interests of the child standard. For contested orders entered after a full hearing, the two-year rule applies with a higher burden.
The Two-Year Rule for Contested Custody Orders
If a judge entered the custody order after a contested hearing and the modification request comes within two years of that order, the requesting parent must prove that continuing the current arrangement would endanger the child's physical health or significantly impair the child's emotional development. This elevated standard prevents frequent relitigation and provides stability for children.
After two years have passed from a contested order, Delaware courts apply a modified best interests analysis that considers: whether modification would cause harm to the child and whether benefits outweigh potential harm, each parent's compliance with prior court orders, and the standard best interests factors under 13 Del. C. § 722.
Visitation-Only Modifications
Delaware distinguishes between custody modifications (legal decision-making authority and primary residence) and visitation modifications (parenting time schedules including holidays). Requests to modify only the visitation schedule, including holiday arrangements, may be made at any time and are evaluated solely under the best interests standard, without the two-year restriction that applies to custody changes.
To modify a holiday custody schedule in Delaware, file a Petition to Modify Custody at the Family Court in the county where the child resides. The $100 filing fee applies. The court will schedule mediation, and if parents cannot agree on modifications, a judge will decide based on the child's best interests.
Delaware Residency Requirements for Custody Cases
Delaware Family Court requires that at least one parent has resided continuously in Delaware for six months immediately preceding the custody filing under 13 Del. C. § 1504(a). Military personnel stationed in Delaware satisfy this residency requirement even without legal domicile in the state. The custody petition should be filed in the Family Court of the county where the child permanently resides or where the child is physically found.
When parents file for divorce involving minor children, a preliminary injunction automatically takes effect under 13 Del. C. § 1509 prohibiting either parent from removing children who reside in Delaware from the state without the other parent's written consent or court permission. This automatic restraining order remains in effect throughout the divorce proceedings and protects against unilateral relocation that could disrupt the child's stability and the other parent's access.
Enforcement of Holiday Custody Schedules in Delaware
Delaware Family Court takes enforcement of custody orders seriously, and a parent who violates holiday parenting time provisions faces potential contempt proceedings with penalties including fines, makeup parenting time, and in severe cases, modification of custody arrangements. Under 13 Del. C. § 728, courts may impose sanctions for violations of custody and visitation orders.
To enforce a holiday custody schedule, the aggrieved parent may file a Motion for Contempt with the Family Court documenting the specific violations. The court will hold a hearing where the violating parent must show cause why they should not be held in contempt. Evidence of repeated or willful violations may result in the court modifying the underlying custody arrangement to provide more time to the compliant parent.
Special Considerations for Delaware Holiday Custody
Delaware courts may adjust standard holiday guidelines to accommodate special circumstances including religious observances not covered in the standard schedule, travel requirements for extended family visits, work schedules that conflict with standard exchange times, and children's extracurricular activities and commitments. Parents are encouraged to create agreed written modifications that fit their circumstances and their children's lives.
Domestic Violence Cases
When domestic violence is a factor, Delaware law requires heightened protections. The court must consider evidence of domestic violence as a factor in determining custody under 13 Del. C. § 722. Parents with a history of domestic violence must complete a separate and more intensive parenting education course that includes additional content on domestic violence prevention and effects on children. Exchange times for holiday transitions may be modified to occur at neutral locations or through third-party supervisors.
Long-Distance Parenting Plans
When parents live significant distances apart, Delaware courts may modify standard holiday schedules to reduce frequent travel that would be burdensome for children. Rather than standard alternating holidays with same-day returns, long-distance arrangements often incorporate extended holiday periods with transportation costs shared between parents or allocated based on relative incomes.
Frequently Asked Questions
How does Delaware divide Christmas custody between parents?
Delaware splits Christmas into Christmas Eve (6:00 PM December 24th through noon December 25th) and Christmas Day (noon December 25th through 6:00 PM December 26th), with parents alternating these periods in odd and even-numbered years under the standard contact guidelines.
What is the filing fee to modify a holiday custody schedule in Delaware?
The filing fee to modify a custody or visitation order in Delaware Family Court is $100, consisting of a $90 base filing fee plus a $10 court security assessment. As of March 2026, verify current fees with your local clerk before filing.
Can parents agree to a different holiday schedule than the Delaware standard?
Yes, Delaware courts encourage parents to create mutually agreed custody schedules that fit their family circumstances. Any provision in the standard guidelines can be amended or modified by written agreement of both parents, subject to court approval confirming the arrangement serves the child's best interests.
How long must I live in Delaware to file for custody?
At least one parent must have resided continuously in Delaware for six months immediately before filing a custody petition under 13 Del. C. § 1504(a). Military personnel stationed in Delaware satisfy this requirement.
What happens when holiday custody conflicts with regular visitation?
Under Delaware Family Court guidelines, holidays and school breaks take priority over regular visitation schedules when dates conflict. The holiday schedule supersedes the standard weekend or weekday contact arrangement.
Do both parents have to take a parenting class in Delaware custody cases?
Yes, both parents must complete a certified parenting education course under 13 Del. C. § 1507(h). The course is 6-8 hours and costs a maximum of $100 per parent. Certificates must be submitted to the court within 180 days of filing.
Can I modify holiday custody within two years of a court order?
For visitation-only changes (including holiday schedules), modifications may be requested at any time using the best interests standard. For custody modifications to decision-making authority or primary residence, the two-year rule under 13 Del. C. § 729 applies unless the current arrangement endangers the child.
What factors does Delaware consider when deciding holiday custody disputes?
Delaware courts apply the best interests factors under 13 Del. C. § 722: parents' wishes, child's wishes, parent-child relationships, child's adjustment to home and school, mental and physical health of all parties, each parent's compliance with prior orders, and evidence of domestic violence.
How is summer vacation custody handled in Delaware?
Delaware summer parenting time runs from the first Friday in June through the last Friday in August in alternating weekly blocks. Parents must submit week selections between March 1st and April 1st, with selection priority alternating annually.
What if my co-parent violates the holiday custody schedule?
File a Motion for Contempt with Delaware Family Court documenting specific violations. The court may impose sanctions including fines, makeup parenting time, and in severe cases, modification of custody to provide more time to the compliant parent under 13 Del. C. § 728.