Best Child Visitation Lawyers in Delaware

About Child Visitation Law in Delaware, United States

Child visitation law in Delaware governs the rights of non-custodial parents and other individuals, such as grandparents, to spend time with a child following the breakup of a family or the separation of the parents. The state's primary concern is the best interest of the child, and visitation schedules are created with this in mind. If parents cannot agree on their own, the Family Court of Delaware steps in to make visitation determinations. Delaware law supports ongoing contact with both parents, unless it is not in the child’s best interest due to safety or other concerns.

Why You May Need a Lawyer

Navigating child visitation issues often involves complex emotions, rapidly evolving circumstances, and specific legal procedures. People commonly require legal help in the following situations:

• Disputes with the other parent about visitation schedules or terms
• Concerns about a child’s safety during visits
• Enforcement of existing court-ordered visitation when one parent is not complying
• Desire to change or modify a visitation order due to relocation or changed circumstances
• Grandparents or non-parents seeking visitation rights
• Complexity involving domestic violence or substance abuse issues
• Cases involving out-of-state parents or jurisdictional questions

A knowledgeable lawyer can help protect your rights, ensure required filings are accurate and timely, represent you in court hearings, and develop the best possible arrangement for your child’s wellbeing.

Local Laws Overview

Delaware’s laws on child visitation are found primarily in Title 13 of the Delaware Code. Here are key aspects:

• Best Interests Standard: The court considers the child’s safety and welfare first and foremost when establishing visitation schedules, applying a list of statutory “best interests” factors such as parental relationship, adjustment to home and school, and history of abuse or neglect.
• Parental Visitation Rights: Non-custodial parents are typically granted reasonable visitation unless visitation would seriously endanger the child's physical, mental, or emotional health.
• Grandparent and Third-Party Visitation: In some circumstances, grandparents and other relatives may petition for visitation if a parent is deceased, incarcerated, or has their parental rights terminated, or if they can show an ongoing substantial relationship with the child.
• Modification and Enforcement: Either parent can request to modify a visitation order if there is a significant change in circumstances. If a party violates visitation terms, the court can enforce the order, sometimes with remedies including contempt of court.
• Supervised Visitation: If there are safety concerns, the court can order supervised visitation, arranging for a neutral party or facility to oversee contact.

Frequently Asked Questions

What is the difference between custody and visitation?

Custody refers to the legal right to make decisions about a child’s upbringing and where the child lives, while visitation (sometimes called parenting time) is the scheduled time a non-custodial parent or relative spends with the child.

Do I have to go to court to get a visitation schedule?

No, parents can agree on their own visitation schedule. However, to make it legally enforceable, it is best to file the agreement with the Family Court. If parents cannot agree, court intervention becomes necessary.

Can my child refuse to visit the other parent?

Generally, children are expected to follow the court-ordered visitation schedule. As children become older, their preferences may be considered by the court, but it is ultimately up to the judge to decide.

What if I am concerned about my child’s safety during visitation?

If you have concerns about abuse, neglect, or other safety issues, you should inform the court. The judge may modify the visitation agreement or order supervised visits to ensure the child’s safety.

How is visitation affected if one parent wants to move out of state?

If a parent wishes to move with the child, they must request permission from the court. The court will evaluate whether the move is in the best interest of the child and may modify the visitation schedule accordingly.

Can grandparents or other relatives get visitation rights?

Yes, under certain circumstances, Delaware allows grandparents and other relatives to petition for visitation if they can show a significant relationship with the child and that visitation serves the child’s best interests.

What should I do if the other parent is not following the visitation order?

You can file a Motion for Contempt with the Family Court asking the judge to enforce the order. Remedies may include make-up visitation, fines, or other court actions.

Can a visitation order be changed?

Yes, either parent can request a modification if there has been a material change in circumstances affecting the child's welfare or the existing order is no longer suitable.

Is visitation ever denied completely?

Visitation is rarely denied altogether. However, if the court believes visitation would seriously endanger the child’s physical, mental, or emotional well-being, visitation can be restricted or denied.

What is supervised visitation?

Supervised visitation means that all interactions between a parent and child take place in the presence of a neutral third party, often due to concerns about the child’s safety or wellbeing.

Additional Resources

• Delaware Family Court - Handles custody and visitation disputes, filings, and enforcement
• Delaware State Courts Self-Help - Provides forms, guides, and information for self-represented parties
• Legal Services Corporation of Delaware - Offers legal help for qualified low-income individuals in family law matters
• Office of the Child Advocate - Advocates for the rights and best interests of children in Delaware
• Child, Inc. - Provides supervised visitation programs and support services for families
• Delaware Department of Services for Children, Youth, and Their Families - Child protection, counseling, and family support

Next Steps

If you are facing a child visitation issue in Delaware, consider the following steps:

• Document your current arrangement, concerns, and any violations or incidents
• Attempt to communicate and resolve disputes directly with the other parent, if safe and appropriate
• Consult the Delaware Family Court’s self-help resources to better understand your options
• Seek legal advice from an experienced family law attorney, especially if your situation involves conflict, safety concerns, or complex legal issues
• File the necessary petitions with the Family Court if you need to establish, enforce, or modify a child visitation order

Every family situation is unique. Speaking with a legal professional can help protect your child’s best interests and ensure your rights are represented throughout the process.