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Delaware Mother's Rights Custody and Visitation
In Delaware, like in most states, child custody and visitation decisions are primarily guided by the "best interests of the child" standard. Here's a summary of key aspects regarding mothers' rights, and parental rights in general, within Delaware:
Key Aspects:
"Best Interests of the Child":
Delaware courts prioritize the child's well-being, safety, and healthy development.
Factors considered include the child's wishes (depending on age and maturity), each parent's ability to provide care, and the child's relationships with each parent.
Equal Parental Rights:
Delaware law emphasizes that both mothers and fathers have equal rights concerning their children. There is no inherent preference for either parent based on gender.
The courts aim to facilitate ongoing and meaningful contact between children and both parents.
Legal and Physical Custody:
Legal custody involves the right to make major decisions about the child's life (education, healthcare, etc.).
Physical custody determines where the child primarily resides.
Both legal and physical custody can be awarded to one parent (sole custody) or shared by both parents (joint custody).
Visitation (Contact):
The parent who does not have primary physical custody typically has visitation rights, now often referred to as "contact".
Delaware courts encourage parents to create parenting plans that outline visitation schedules.
Parenting Plans and Mediation:
Delaware encourages parents to develop parenting plans that address custody, visitation, and other important aspects of co-parenting.
Mediation is often used to help parents reach agreements.
Domestic Violence:
Delaware courts take domestic violence seriously. Evidence of domestic violence can significantly impact custody and visitation decisions.
Delaware Family Court:
The Delaware Family court deals with all custody and visitation matters. Their website is a valuable resource.
Where to find more information:
Delaware Courts: The Delaware Courts website provides information and resources on family law.
Delaware Code: The Delaware Code contains the state's laws, including those related to child custody and visitation.
Legal Professionals: Consulting with a Delaware family law or mothers rights attorney is crucial for obtaining personalized legal advice.
