Best Interests of the Child

Statute: Del. Code Ann. tit. 13, § 722 (Supp. 1998)

Law:

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:

The wishes of the child's parent or parents as to his or her custody and residential arrangements;

The wishes of the child as to his or her custodian(s) and residential arrangements;
The interaction and interrelationship of the child with his or her 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;

The child's adjustment to his or her home, school and community;

The mental and physical health of all individuals involved;

Past and present compliance by both parents with their rights and responsibilities to their child; and

Evidence of domestic violence.

The court shall not presume that a parent, because of his or her 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 his or her relationship with the child.

Concurrent Planning

Law:

Not addressed in statutes reviewed