A long distance parenting plan in Delaware is a written custody schedule under 13 Del. C. § 727 that governs how a child stays connected to an out-of-state parent through extended holiday blocks, summer visitation, travel-cost sharing, and virtual contact. Delaware Family Court evaluates every plan against the best-interest factors in 13 Del. C. § 722, and a parent proposing to relocate a child 60 days or more must give 60 days' written notice.
Key Facts: Delaware Long-Distance Parenting
| Item | Delaware Detail |
|---|---|
| Filing Fee (divorce) | $165, including a $10 Court Security Fee (as of March 2026 — verify with your local clerk) |
| Waiting Period | 6-month voluntary separation for divorce; no separate custody waiting period |
| Residency Requirement | 6 continuous months in Delaware before filing (13 Del. C. § 1504) |
| Grounds | No-fault only — irretrievable breakdown (13 Del. C. § 1505) |
| Property Division Type | Equitable distribution (13 Del. C. § 1513) |
| Custody Standard | Best interests of the child (13 Del. C. § 722) |
| Relocation Notice | 60 days' written notice for a move of 60+ days |
What Is a Long-Distance Parenting Plan in Delaware?
A long distance parenting plan Delaware families use is a court-approved custody agreement designed for parents who live too far apart for a standard weekly rotation — typically more than 100 miles or across state lines. Under 13 Del. C. § 727, both parents retain joint legal custody by default unless the court orders otherwise, so major decisions on education, health, and religion remain shared even when one parent lives out of state.
Delaware Family Court treats residential placement (where the child physically lives) separately from legal custody (decision-making authority). In a long-distance arrangement, one parent usually holds primary residential placement while the out-of-state parent receives concentrated blocks of parenting time. These blocks replace the frequent short visits typical of local plans. Instead of alternating weekends, a remote parenting schedule concentrates roughly 60 to 90 overnights a year into school breaks, most of the summer, and alternating major holidays. This structure gives the out of state parent meaningful, uninterrupted time while protecting the child's school stability and community ties, which the court weighs heavily under factor four of § 722.
How Delaware Courts Decide Long-Distance Custody
Delaware Family Court decides long-distance custody using the eight best-interest factors in 13 Del. C. § 722, giving no automatic preference to either parent based on gender. The court weighs each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of everyone involved, and each parent's compliance with prior custody duties. No single factor controls the outcome.
When distance is a live issue, the judge focuses on how a proposed schedule preserves the child's bond with the distant parent while keeping disruption low. The court examines travel logistics, the child's age, and whether virtual visitation can bridge the gaps between in-person visits. Delaware judges routinely approve plans that trade frequency for duration — fewer visits, but longer ones. For an out of state parent, demonstrating a concrete, workable travel plan matters more than arguing for equal overnight counts. Because Delaware is a no-fault jurisdiction under 13 Del. C. § 1505, marital misconduct generally does not affect custody unless it directly harms the child. Parents who want to understand the broader framework can review child custody arrangements before drafting their own schedule.
The 60-Day Relocation Notice Rule
A Delaware parent who wants to relocate a child for 60 days or more — whether out of state or in a way that materially changes the existing custody order — must provide 60 days' written notice to the other parent under 13 Del. C. § 722. If the other parent objects, the relocating parent must obtain court approval before moving, and the judge applies the best-interest standard to decide.
The notice requirement is not a formality. A parent who moves a child without proper notice or court permission risks a contempt finding and a custody modification against their interest. Delaware courts have broad authority to order the child's return. When a relocation is contested, the court weighs the nature and duration of the child's relationship with the relocating parent, the reasons for and against the move, the feasibility of preserving the relationship with the non-moving parent, and the child's preference where age-appropriate. A move for a genuine reason — a job transfer, remarriage, or family support network — carries more weight than a move that appears designed to reduce the other parent's access. Once a court permits relocation, the existing order is typically converted into a formal long distance parenting plan Delaware judges can enforce, with the travel and virtual-contact terms spelled out in detail.
Virtual Visitation and FaceTime Custody in Delaware
Virtual visitation — video calls, FaceTime, and messaging — is a standard component of Delaware long-distance parenting plans and is enforceable when written into the custody order. Delaware Family Court commonly orders scheduled video contact two to four times per week, often 20 to 30 minutes per session, to maintain daily-life connection between a child and an out of state parent between in-person visits.
FaceTime custody works best when the order specifies the days, times, platform, and each parent's duties. A well-drafted virtual-contact clause states who initiates the call, requires the residential parent to make the child available and free from distraction, and prohibits monitoring or interrupting the conversation. For younger children, the residential parent may need to facilitate the call; for teenagers, the plan can grant more autonomy. Courts view remote parenting technology as a supplement to, not a replacement for, physical time — a parent cannot use generous virtual contact to justify eliminating in-person visits. Delaware judges also expect flexibility for time-zone differences and school schedules. Building specific virtual visitation terms into the order prevents the most common long-distance dispute: one parent quietly letting video contact lapse. Because the order is enforceable, a parent who repeatedly blocks scheduled calls can face a contempt petition.
Sample Long-Distance Schedules by Distance
Delaware long-distance schedules scale with travel time and the child's age, but most concentrate 60 to 90 annual overnights into summer and holiday blocks. The table below shows three common structures approved by Delaware Family Court, ranging from a same-region drive to a cross-country flight, each balancing the out of state parent's time against school-year stability.
| Distance Between Parents | Typical Schedule | Approximate Annual Overnights |
|---|---|---|
| 100–250 miles (drive) | One weekend per month + half of summer + alternating holidays | 70–90 |
| 250–750 miles (long drive/short flight) | Extended school breaks + 4–6 summer weeks + alternating holidays | 55–75 |
| 750+ miles (cross-country flight) | Most of summer (6–8 weeks) + winter break + spring break | 50–65 |
These are starting points, not legal requirements. Delaware judges tailor each plan to the specific family, and parents are encouraged to agree on their own terms, which the court will approve if the arrangement serves the child's best interests under 13 Del. C. § 722. A remote parenting schedule for an infant or toddler generally uses shorter, more frequent blocks with heavy virtual contact, while a school-age child can handle longer summer stays. Mapping your situation with a personalized divorce roadmap helps you see which structure fits before you negotiate.
Who Pays for Travel in a Delaware Long-Distance Plan
Delaware Family Court allocates long-distance travel costs case by case, and there is no fixed statutory formula — but the most common outcomes are a 50/50 split of airfare and transportation or an allocation proportional to each parent's income. When one parent's relocation created the distance, courts frequently assign that parent a larger share of the resulting travel expense.
Travel-cost terms should be written directly into the parenting plan to avoid future conflict. A clear clause identifies who books flights, who accompanies a young child, whether an unaccompanied-minor fee applies, and how costs are reimbursed and by when. Delaware courts can treat significant travel expenses as an adjustment within the broader child support analysis, because the state's Melson Formula accounts for the parents' respective financial positions. Parents can estimate their baseline obligation using our child support calculator before layering in travel costs. Keep in mind that travel expense is separate from the property questions resolved through equitable distribution at divorce; travel is an ongoing parenting cost, not a one-time asset division. Documenting every flight, mileage log, and reimbursement request protects a parent if the split is later disputed in court.
How to File a Custody or Modification Case in Delaware
To start or change a long-distance custody arrangement in Delaware, a parent files a Petition for Custody or a Petition to Modify with the Family Court in the county where the child lives. Delaware requires 6 months of continuous residency before a divorce filing, and the child generally must have lived in the state for 6 months for Delaware to have custody jurisdiction under the UCCJEA.
The process begins with the petition, service on the other parent, and — in most contested custody cases — mandatory mediation before a hearing. Delaware Family Court prioritizes agreements reached in mediation; if parents settle, the mediator drafts a consent order for the judge to approve. If mediation fails, the case proceeds to a custody hearing where each parent presents evidence on the § 722 factors. To modify an existing custody order within two years, the moving parent generally must show the current arrangement endangers the child; after two years, the standard relaxes to a change in circumstances and the best-interest test. An out of state parent seeking to establish or defend a long distance parenting plan Delaware order should file promptly, keep detailed records of parenting involvement, and, for contested matters, find a divorce attorney licensed in Delaware. Self-represented parents can obtain the custody petition and instructions directly from the Family Court, and fee waivers are available through an Application to Proceed In Forma Pauperis for low-income filers.
Making a Long-Distance Plan Work in Practice
A successful Delaware long-distance parenting plan depends on specificity — the more precisely the order defines schedules, travel duties, and virtual contact, the fewer disputes arise. Delaware courts enforce written custody orders through contempt proceedings, so vague terms like "reasonable visitation" invite conflict, while concrete terms create predictability for the child and both parents.
Beyond the legal document, practical habits sustain the relationship across distance. The residential parent should protect the out-of-state parent's scheduled calls, share school calendars and report cards, and give advance notice of activities the distant parent might attend. The remote parent should keep contact consistent, respect the child's routine, and avoid using visits to interrogate the child about the other household. Both parents benefit from a shared digital calendar and a single communication channel — many Delaware families use a co-parenting app that logs messages, which can also serve as evidence if a dispute reaches court. When circumstances change — a new job, a school transfer, or the child's evolving needs — the parents should revisit the plan cooperatively rather than letting resentment build. A parenting plan is a living framework, and Delaware Family Court remains available to modify it when the best interests of the child require an update under 13 Del. C. § 722.