DELAWARE CHILD CUSTODY & PARENTING TIME AGREEMENT

(Professionally-Drafted Template – For Attorney Customization)

[// GUIDANCE: This template is drafted for use in the State of Delaware (“DE”) and is designed to be filed with or incorporated into a Family Court order. Delaware counsel should review and customize all bracketed placeholders and optional provisions prior to execution or submission.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Legal Custody
   3.2 Physical Custody & Parenting Schedule
   3.3 Decision-Making Protocols
   3.4 Communication & Information-Sharing
   3.5 Relocation
   3.6 Miscellaneous Parenting Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title

Delaware Child Custody & Parenting Time Agreement (the “Agreement”).

1.2 Parties

This Agreement is entered into by and between:
(a) [PARENT 1 LEGAL NAME], residing at [ADDRESS] (“Parent 1”); and
(b) [PARENT 2 LEGAL NAME], residing at [ADDRESS] (“Parent 2”)
(each, a “Party” and collectively, the “Parties”).

1.3 Recitals

A. The Parties are the natural/legal parents of the minor child(ren) listed below (each a “Child” and collectively the “Children”):
1. [CHILD 1 NAME], born [DOB];
2. [CHILD 2 NAME], born [DOB]; [ADD ROWS AS NEEDED]

B. The Parties desire to resolve all issues of legal custody, physical custody, visitation/parenting time, and related matters in accordance with Delaware law, including the statutory best-interest factors and visitation standards.

C. The Parties acknowledge that the welfare and best interests of the Children are paramount and that this Agreement has been negotiated with that principle in mind.

1.4 Effective Date; Jurisdiction

This Agreement is effective as of [EFFECTIVE DATE] (the “Effective Date”) and shall be governed by the domestic relations laws of the State of Delaware. Exclusive jurisdiction and venue for enforcement and modification shall lie with the Family Court of the State of Delaware (the “Court”).

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall be interpreted in accordance with common usage under Delaware family law.

“Agreement” – As defined in Section 1.1.

“Best Interest Factors” – The statutory criteria utilized by Delaware courts to determine the best interests of the child(ren), including but not limited to the health, safety, and welfare of the Children; the wishes of each parent; the relationship of the Children with each parent and siblings; the Children’s adjustment to home, school, and community; and any evidence of domestic violence, substance abuse, or neglect.

“Holiday Schedule” – The allocation of parenting time on legally-recognized holidays, school breaks, and other special occasions as detailed in Section 3.2.2.

“Legal Custody” – The right and obligation to make major decisions regarding the Children’s health, education, religious upbringing, and general welfare.

“Parenting Time” – Scheduled periods during which a parent has physical custody and supervisory responsibility for the Children.

“Physical Custody” – The actual residential arrangement of the Children as further defined in Section 3.2.

“Relocation” – A change in the primary residence of a Child that would significantly impair the other parent’s ability to exercise Parenting Time as contemplated herein.

3. OPERATIVE PROVISIONS

3.1 Legal Custody

3.1.1 Joint Legal Custody. The Parties shall have Joint Legal Custody of the Children. All major child-related decisions shall be made jointly after good-faith consultation.

3.1.2 Tie-Breaker Mechanism. If the Parties are unable to reach consensus after reasonable discussion, they shall:
(a) submit the dispute to mediation within [10] business days; and, failing resolution,
(b) seek an expedited hearing before the Court.

[// GUIDANCE: Substitute “Sole Legal Custody” language if appropriate.]

3.2 Physical Custody & Parenting Schedule

3.2.1 Regular Weekday/Weekend Schedule
(a) The Children shall reside primarily with [PRIMARY RESIDENTIAL PARENT] during the school week, except as otherwise provided herein.
(b) [ALTERNATING WEEKEND SCHEDULE] Parent 2 shall exercise Parenting Time from [DAY/TIME] to [DAY/TIME] on alternating weekends.
(c) Mid-Week Parenting Time. Parent 2 shall have Parenting Time every [DAY] from [TIME] to [TIME].

3.2.2 Holiday Schedule
The Parties shall follow the Holiday Schedule below, which supersedes the regular schedule:

*Split defined as 12:00 p.m. on the day school recess begins.

3.2.3 Vacation Parenting Time
Each parent may schedule up to [X] consecutive weeks of vacation time per calendar year with at least [60] days’ written notice to the other parent. Vacation time shall not unreasonably interfere with the Children’s schooling or the other parent’s Holiday Schedule unless mutually agreed.

3.2.4 Transportation & Exchanges
Unless otherwise agreed, the parent beginning a Parenting Time period shall be responsible for transportation. Exchanges shall occur at [LOCATION] unless modified by mutual written consent.

3.3 Decision-Making Protocols

(a) Education: School selection, IEP matters, and extracurricular activities require mutual agreement.
(b) Healthcare: Non-emergency medical, dental, and mental health decisions require mutual agreement. Each parent may authorize emergency treatment.
(c) Religion: Neither parent shall unilaterally change a Child’s established religious practice without written consent of the other.

3.4 Communication & Information-Sharing

(a) Access to Records. Each parent shall have equal and unrestricted access to the Children’s academic, medical, and extracurricular records.
(b) Parental Communication. The Parties shall communicate regarding the Children via [PARENTING APP / EMAIL / TEXT] unless an emergency dictates otherwise.
(c) Child-to-Parent Contact. Each parent shall facilitate reasonable telephone or video contact with the other parent during the Children’s overnight stays.

3.5 Relocation

(a) Notice. A parent seeking Relocation must provide at least [90] days’ advance written notice stating: (i) new address; (ii) reason for Relocation; and (iii) proposed revised Parenting Plan.
(b) Objection & Procedure. The non-relocating parent shall have [30] days to object in writing. Absent agreement, the Parties shall file appropriate pleadings with the Court.
(c) Burden of Proof. The relocating parent bears the burden to demonstrate that Relocation serves the Children’s best interests.

3.6 Miscellaneous Parenting Provisions

(a) Right of First Refusal. If a parent requires child-care coverage exceeding [X] hours during his/her Parenting Time, the other parent shall be offered the opportunity to care for the Children before third-party arrangements are made.
(b) Substance Use Prohibition. Neither parent shall consume alcohol to excess or use illicit substances during or within [X] hours prior to Parenting Time.
(c) Third-Party Supervision. [IF APPLICABLE] Parenting Time for Parent [ ] shall be supervised by [NAME / AGENCY] at [LOCATION] until further order.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity & Authority. Each Party represents that he or she has full legal capacity and authority to enter into this Agreement and to perform the obligations herein.

4.2 Disclosure. Each Party warrants that all information provided to the other Party relevant to the Children’s welfare is accurate to the best of his or her knowledge.

4.3 No Impairment of Child Support. Nothing in this Agreement shall eliminate or reduce any statutory child-support obligation.

4.4 Survival. The representations and warranties herein shall survive execution and remain in effect for the duration of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Good-Faith Cooperation. The Parties shall cooperate in good faith to implement the Parenting Schedule and to promote the Children’s best interests.

5.2 Non-Disparagement. Each parent shall refrain from making derogatory remarks about the other in the presence of the Children.

5.3 Confidentiality. Sensitive parental communications and any Court-ordered evaluations shall remain confidential and shall not be disclosed to the Children or third parties except as required by law.

5.4 Compliance Monitoring. The Parties shall adhere to any Court-ordered parenting classes, counseling, or substance screenings, and shall exchange compliance documentation upon request.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party shall be in default if he or she:
(a) materially violates the Parenting Schedule;
(b) willfully withholds the Children from the other parent;
(c) fails to comply with notice obligations under Section 3.5; or
(d) breaches any Court order incorporated herein.

6.2 Notice & Cure. The non-defaulting parent shall provide written notice specifying the default and allow [10] days to cure, unless the default endangers a Child’s immediate safety.

6.3 Remedies. Without limiting any other remedy available at law or equity, the non-defaulting parent may seek:
(a) make-up Parenting Time;
(b) contempt sanctions;
(c) injunctive relief, including temporary custody modification; and
(d) reimbursement of reasonable attorney’s fees and costs.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Party shall indemnify, defend, and hold harmless the other Party from any claim, cost, or liability arising from that Party’s violation of this Agreement that materially endangers the Children’s health, safety, or welfare.

7.2 Limitation of Liability. Except for intentional misconduct or gross negligence affecting the Children, neither Party shall be liable for incidental, consequential, or punitive damages arising from routine parenting disputes.

7.3 Force Majeure. A Party shall not be deemed in default for failing to exercise Parenting Time due to circumstances beyond reasonable control (e.g., severe weather, illness, natural disaster), provided that prompt notice is given and reasonable efforts are made to reschedule.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be construed under the laws of the State of Delaware without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties consent to exclusive jurisdiction and venue in the Family Court of the State of Delaware for all actions relating to custody or enforcement.

8.3 Mediation. Except in emergencies, the Parties shall attempt to resolve disputes through a Court-approved mediator before seeking judicial intervention. Mediation shall occur within [30] days of written request. Costs shall be shared equally unless otherwise agreed.

8.4 Arbitration. Binding arbitration is limited in Delaware custody matters; therefore, the Parties may submit non-custody collateral issues (e.g., property allocation of child-related expenses) to voluntary arbitration pursuant to the Delaware Uniform Arbitration Act, provided such submission does not infringe upon the Court’s exclusive jurisdiction over the Children.

8.5 Jury Waiver. The Parties acknowledge that custody disputes are heard without a jury in Delaware Family Court.

8.6 Injunctive Relief. Nothing herein shall prevent a Party from seeking immediate injunctive relief from the Court in cases involving imminent harm to the Children.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. This Agreement may be amended only by a written instrument signed by both Parties and, if filed, approved by the Court. No waiver of any provision shall be deemed a waiver of any other provision or subsequent breach.

9.2 Assignment. Custody rights are personal and non-assignable. Any attempted delegation or assignment is void.

9.3 Successors & Assigns. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, legal representatives, and permitted assigns.

9.4 Severability. If any provision is held unenforceable, the remaining provisions shall be reformed to effectuate the Parties’ intent and remain in full force.

9.5 Integration. This Agreement constitutes the entire understanding relating to custody and supersedes all prior oral or written agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which constitutes an original and all of which together constitute one instrument. Signatures transmitted electronically or via DocuSign shall be deemed originals.

9.7 Notice. All notices shall be in writing and delivered by certified mail, return receipt requested, or by reputable courier to the addresses set forth in Section 1.2, unless a Party provides updated notice information in writing.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[// GUIDANCE: Delaware does not generally require notarization for custody agreements unless requested by the Court. Insert a notary block below if local practice dictates:]

State of Delaware
County of ____

On this _ day of __, 20__, before me, the undersigned Notary Public, personally appeared ___ and _____, known to me or satisfactorily proven to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

---

Notary Public
My Commission Expires: ____

[// GUIDANCE: Upon completion, attach any Court-required forms (e.g., Delaware Family Court Form 346 “Parenting Plan Information Sheet”) and file in accordance with Delaware Family Court Civil Rule 16.2.]