JOINT CUSTODY AGREEMENT

In the Family Court of the State of Delaware

In and For [________________________________] County

(Select one: ☐ New Castle County ☐ Kent County ☐ Sussex County)

Case No.: [________________________________]

In Re the Custody of:

PREAMBLE

This Joint Custody Agreement ("Agreement") is entered into by and between:

Parent A: [________________________________]
Address: [________________________________], Delaware [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Parent B: [________________________________]
Address: [________________________________], Delaware [________________________________]
Telephone: [________________________________]
Email: [________________________________]

(collectively, the "Parents")

Recitals

A. The Parents are the natural and legal parents of the child(ren) identified above.

B. The Parents desire to establish a joint custody arrangement that reflects Delaware's statutory recognition that joint legal custody "enhances the active participation of both parents in the child's life" (Del. Code tit. 13, § 727).

C. Delaware law provides that no presumption shall exist that a parent, because of such parent's sex, is better qualified than the other parent to act as joint or sole legal custodian (§ 722(b)).

D. Both Parents affirm their capacity and willingness to cooperate in joint custody, and the Family Court may impose a temporary joint custody period of up to six months under § 727 to evaluate parental cooperation before making a permanent order.

E. Both Parents have completed or will complete the mandatory Parenting Education Class required by the Delaware Family Court.

F. Both Parents have completed or will complete the Custody, Visitation and Guardianship Disclosure Report (Form #364) as required prior to mediation or court appearance.

ARTICLE I — DELAWARE BEST INTEREST FACTORS (§ 722)

The Parents have considered each of the eight best interest factors enumerated in Del. Code tit. 13, § 722(a), and affirm that joint custody serves the child(ren)'s best interests:

1.1 Wishes of the Parents (§ 722(a)(1))

Both Parents desire joint legal and physical custody and believe this arrangement best serves the child(ren).

1.2 Wishes of the Child(ren) (§ 722(a)(2))

☐ The child(ren) are too young to express a meaningful preference.
☐ The child(ren)'s preferences have been considered in light of age and maturity: [________________________________]

1.3 Interaction and Interrelationship (§ 722(a)(3))

The child(ren) have meaningful relationships with both Parents, as well as with:
☐ Grandparents: [________________________________]
☐ Siblings: [________________________________]
☐ Other significant persons: [________________________________]

1.4 Adjustment to Home, School, and Community (§ 722(a)(4))

[________________________________]

1.5 Mental and Physical Health (§ 722(a)(5))

☐ All individuals involved are in good mental and physical health.
☐ Health considerations exist as follows: [________________________________]

1.6 Parental Compliance (§ 722(a)(6))

☐ Both Parents have complied with their parental rights and responsibilities.
☐ Compliance issues exist and have been addressed: [________________________________]

1.7 Domestic Violence (§ 722(a)(7))

☐ No history of domestic violence exists.
☐ Domestic violence history exists — see Article IX of this Agreement.

1.8 Criminal History (§ 722(a)(8))

☐ No relevant criminal history for either party or household member.
☐ Criminal history exists as follows: [________________________________]

ARTICLE II — JOINT LEGAL CUSTODY

2.1 Grant of Joint Legal Custody

Pursuant to Del. Code tit. 13, § 727, the Parents shall share joint legal custody of the child(ren). Both Parents shall have equal authority and responsibility for making major decisions concerning the child(ren)'s health, education, welfare, and upbringing.

2.2 Shared Decision-Making Authority

Both Parents must consult and reach mutual agreement on the following major decisions:

A. Education:
- School selection and enrollment (public, private, charter, or home school)
- Changes in school enrollment
- Special education services, IEP/504 plans
- Tutoring, gifted programs, grade acceleration or retention
- College planning (for older children)

B. Medical Care:
- Selection of primary care physician, dentist, and specialists
- Non-emergency medical procedures and surgeries
- Ongoing medications
- Mental health treatment (therapy, counseling, psychiatric care)
- Orthodontic treatment and elective procedures

C. Religious Upbringing:
☐ The child(ren) shall be raised in the [________________________________] faith.
☐ Each Parent may share their own beliefs during their residential time.
☐ Other: [________________________________]

D. Extracurricular Activities:
- Enrollment in sports, arts, music, clubs, and other organized activities
- Level of commitment (recreational vs. competitive)
- Activities must be reasonably accommodated by both Parents' schedules

E. Travel:
- Domestic travel: Either Parent may travel within the United States with the child(ren) during their residential time with [____] hours' advance notice and itinerary provided.
- International travel: Requires written consent of both Parents with at least 30 days' notice. Each Parent shall cooperate with passport applications and travel authorization letters.

2.3 Emergency Decision-Making

The Parent with the child(ren) may authorize emergency medical treatment when immediate action is needed. "Emergency" means a condition requiring immediate attention to prevent serious harm to the child. The other Parent shall be notified as soon as practicable.

2.4 Disagreement Resolution

If Parents cannot reach agreement on a major decision after good-faith consultation:
1. Parents shall exchange their reasoning in writing within [____] days.
2. If still unresolved, the matter shall be submitted to mediation (see Article VIII).
3. If mediation fails, either Parent may petition the Family Court for a determination.

2.5 Information Access Rights (§ 727)

Each Parent shall have the right to receive material information concerning:
- The child(ren)'s progress in school
- Medical treatment and health status
- Significant developments in the child(ren)'s life
- School activities and conferences
- Special religious events and milestones
- Reasonable access to the child(ren) by telephone or mail

Both Parents shall be designated as authorized contacts at schools, medical offices, and activity providers. Both Parents shall have access to online school portals and medical patient portals.

ARTICLE III — JOINT PHYSICAL CUSTODY / RESIDENTIAL SCHEDULE

3.1 Residential Arrangement

The Parents shall share physical custody with substantially equal residential time, recognizing Delaware's policy of "frequent and meaningful contact between the child and both parents."

Primary Residential Address (for school enrollment and mailing): [________________________________]

3.2 Regular Schedule

(Select one:)

☐ Alternating Weeks:
Parent A: Monday morning through the following Monday morning (Week 1)
Parent B: Monday morning through the following Monday morning (Week 2)
Alternating thereafter.

☐ 2-2-3 Rotation:
Monday–Tuesday: Parent A
Wednesday–Thursday: Parent B
Friday–Sunday: Alternating (Parent A in Week 1; Parent B in Week 2)

☐ 5-2-2-5:
Monday–Tuesday: Parent A (every week)
Wednesday–Thursday: Parent B (every week)
Friday–Monday: Alternating

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

3.3 Holiday Schedule

Holiday schedules supersede the regular weekly schedule.

3.4 Summer Vacation

• Each Parent shall have [____] weeks of uninterrupted vacation time with the child(ren).
• Requests must be submitted in writing by May 1.
• If both Parents request the same period, Parent A has first choice in even years; Parent B in odd years.
• The vacationing Parent shall provide a written itinerary and contact information.
• The non-vacationing Parent shall have phone/video contact: ☐ Daily ☐ Every other day at [________________________________].

3.5 School Breaks and In-Service Days

☐ Follow regular schedule.
☐ Alternate between Parents.
☐ Custom: [________________________________]

ARTICLE IV — EXCHANGES AND TRANSPORTATION

4.1 Exchange Location

☐ At the child(ren)'s school on school days; at [________________________________] on non-school days.
☐ At a neutral public location: [________________________________]
☐ At the receiving Parent's residence.
☐ Other: [________________________________]

4.2 Transportation

☐ The receiving Parent shall pick up the child(ren).
☐ The delivering Parent shall drop off the child(ren).
☐ Parents shall share transportation equally.
☐ Other: [________________________________]

4.3 Exchange Protocol

• Parents shall be punctual. Fifteen-minute grace period applies.
• If a Parent will be more than 15 minutes late, that Parent shall notify the other immediately.
• If a Parent does not appear within 30 minutes without communication, the residential time may be deemed forfeited for that period.
• Exchanges shall be brief, respectful, and free from conflict.
• Neither Parent shall discuss court proceedings, finances, or disagreements during exchanges.

4.4 Children's Belongings

• Sufficient clothing, medications (with instructions), school materials, and comfort items shall travel with the child(ren).
• Each Parent shall maintain basic supplies in their home.
• Belongings shall not be withheld by either Parent.

ARTICLE V — COMMUNICATION

5.1 Parent-to-Parent Communication

Parents shall communicate about the child(ren) through: ☐ Email ☐ Text ☐ Co-parenting app: [________________________________] ☐ Other: [________________________________]

Response time for non-emergency communications: [____] hours.

5.2 Parent-Child Communication

The non-residential Parent shall have phone/video contact with the child(ren):
☐ Daily at approximately [________________________________]
☐ Unrestricted reasonable contact
☐ Other: [________________________________]

The residential Parent shall facilitate this contact without monitoring, interference, or discouragement.

5.3 Information Sharing

Both Parents shall promptly share:
- Report cards and school communications
- Medical records and test results
- Extracurricular schedules
- Emergency and significant event information
- Changes in contact information or employment

ARTICLE VI — CHILD-REARING PROVISIONS

6.1 Consistency

Parents shall strive for reasonable consistency between households regarding bedtimes, homework expectations, screen time, and discipline.

6.2 Discipline

Discipline shall be age-appropriate. Prohibited methods include physical harm, emotional abuse, degradation, or withholding necessities. Neither Parent shall undermine the other's reasonable discipline decisions.

6.3 Healthcare

Primary Care Provider: [________________________________]
Dentist: [________________________________]
Health Insurance: Provided by Parent [____]
Unreimbursed Medical Expenses: Parent A [____]% / Parent B [____]%

6.4 Substance Restrictions

Neither Parent shall consume alcohol to impairment or use controlled substances (except as prescribed) during residential time or within 12 hours before. Neither Parent shall smoke or vape in the child(ren)'s presence or in enclosed spaces.

6.5 Firearms Safety

All firearms shall be stored unloaded and locked, with ammunition stored separately, inaccessible to the child(ren).

6.6 Right of First Refusal

☐ Not applicable.
☐ If either Parent needs childcare for more than [____] consecutive hours during their residential time, the other Parent shall be offered the opportunity first. Response required within [____] hours.

6.7 Introduction of New Partners

☐ Neither Parent shall introduce a romantic partner until the relationship has been exclusive for at least [____] months.
☐ [____] days' advance notice to the other Parent before introduction.
☐ Overnight stays by romantic partners while child(ren) are present: ☐ Prohibited until [________________________________] ☐ Permitted ☐ Other: [________________________________]

6.8 Non-Disparagement and Anti-Alienation

Neither Parent shall make negative remarks about the other Parent in the child(ren)'s presence, allow others to do so, interrogate the child(ren) about the other household, use the child(ren) as messengers, or share age-inappropriate information about adult conflicts or court proceedings.

ARTICLE VII — RELOCATION (§ 734)

7.1 Notice Requirement

Pursuant to Del. Code tit. 13, § 734, a Parent proposing to relocate the child(ren) outside Delaware or for 60 or more days in a manner that materially affects the residential arrangement shall provide at least 60 days' written notice to the other Parent.

7.2 Notice Contents

The notice shall state:
- The proposed new address and date of move
- Reason for relocation
- Proposed revised residential schedule
- Proposed transportation and communication arrangements

7.3 Court Evaluation

If the Parents cannot agree, the Family Court shall evaluate the relocation under § 734, considering:
1. Nature, quality, extent, and duration of the child's relationships with each Parent and siblings
2. Age, developmental stage, and needs of the child
3. Feasibility of preserving the non-relocating Parent's relationship through substitute arrangements
4. The child's preference based on age and maturity
5. Pattern of conduct promoting or thwarting the child's relationship with the other Parent
6. Whether relocation will enhance quality of life for the child and relocating Parent
7. Reasons each Parent supports or opposes relocation
8. Any other factor affecting the child's best interest

7.4 Prohibition Pending Resolution

No relocation may occur until the other Parent consents in writing or the Family Court approves. The Preliminary Injunction upon filing a custody petition prohibits permanent removal of the child(ren) from Delaware without permission.

ARTICLE VIII — DISPUTE RESOLUTION

8.1 Good-Faith Negotiation

Parents shall first attempt to resolve disputes through direct, respectful communication.

8.2 Mediation

If direct communication fails, the dispute shall be submitted to mediation. Delaware Family Court routinely refers custody matters to mediation.
- Mediation is mandatory absent a domestic violence finding or no-contact order.
- Mediator: ☐ Family Court mediator ☐ Private mediator: [________________________________]
- Cost: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

8.3 Family Court Intervention

If mediation fails, either Parent may petition the Family Court. The Court may appoint a guardian ad litem or custody evaluator. The Court prefers not to have children testify in open court and may interview the child(ren) in chambers.

8.4 Enforcement (§ 728)

The Family Court may enforce this Agreement through:
- Compensatory residential time for wrongfully denied contact
- Temporary custody transfers (up to 30 days)
- Surcharges up to 10% of the violating Parent's monthly support
- Contempt sanctions including fines and imprisonment
- Attorney's fee awards to the prevailing party

ARTICLE IX — DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable. No history of domestic violence.

☐ Applicable. Under Del. Code tit. 13, § 705A, a parent who committed domestic violence is presumed unfit for sole or joint custody. The presumption may be overcome only if:
- No further acts of domestic violence
- Completion of a family violence perpetrator program
- Completion of substance abuse counseling (if applicable)
- Demonstration that custody serves the child's best interests

Protective conditions: [________________________________]

ARTICLE X — TEMPORARY JOINT CUSTODY TRIAL PERIOD (§ 727)

☐ Not applicable. This Agreement establishes permanent joint custody.

☐ Applicable. Pursuant to Del. Code tit. 13, § 727, the Family Court may grant temporary joint custody for a period not to exceed six months to evaluate the Parents' ability and willingness to cooperate. After review, the Court may continue or modify the arrangement on a permanent basis.

• Trial period: [__/__/____] through [__/__/____]
• Review hearing date: [__/__/____]
• Evaluation criteria: [________________________________]

ARTICLE XI — MODIFICATION

11.1 Modification Standard (§ 729)

Future modifications are governed by Del. Code tit. 13, § 729:
- Consent orders: Modifiable at any time per § 722 best interest factors.
- Contested orders within 2 years: Requires showing of endangerment to child's physical health or significant impairment of emotional development.
- Contested orders after 2 years: Subject to § 722 factors plus assessment of potential harm from change and parental compliance history.
- Contact/visitation modifications: May be made at any time if the child's best interests would be served.

11.2 Informal Schedule Modifications

Parents may modify day-to-day scheduling by mutual written agreement without returning to court. Substantive changes require court approval.

11.3 Annual Review

Parents agree to review this Agreement annually to address the child(ren)'s evolving needs.

ARTICLE XII — GENERAL PROVISIONS

12.1 Governing Law

This Agreement is governed by the laws of the State of Delaware, Del. Code tit. 13, Chapter 7.

12.2 Jurisdiction

The Family Court of Delaware in and for [________________________________] County retains continuing exclusive jurisdiction under the UCCJEA (Del. Code tit. 13, Chapter 19).

12.3 Severability

If any provision is unenforceable, the remaining provisions remain in full force.

12.4 Integration

This Agreement constitutes the entire custody arrangement between the Parents and supersedes all prior agreements.

12.5 No Gender Presumption

Consistent with § 722(b), this Agreement reflects no presumption that either Parent, because of sex, is better qualified for custody.

12.6 Filing

This Agreement shall be filed with the Family Court for incorporation into a court order.

☐ New Castle County: 500 North King Street, Wilmington, DE 19801 — (302) 255-0300
☐ Kent County: 400 Court Street, Dover, DE 19901 — (302) 672-1000
☐ Sussex County: 100 East Market Street, Georgetown, DE 19947 — (302) 855-7400

EXECUTION

The undersigned Parents affirm that this Agreement is entered into voluntarily, without coercion, and in the best interests of the child(ren) after consideration of all eight factors under Del. Code tit. 13, § 722(a).

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF DELAWARE )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being duly sworn, state that the facts set forth in this Agreement are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]
Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public, State of Delaware
My Commission Expires: [__/__/____]

ORDER OF THE FAMILY COURT

The Family Court of the State of Delaware, in and for [________________________________] County, having reviewed the foregoing Joint Custody Agreement and having determined that it serves the best interests of the child(ren) pursuant to Del. Code tit. 13, § 722, and that joint custody is appropriate under § 727, hereby:

ORDERS that the Joint Custody Agreement is APPROVED and incorporated into this Order of the Court.

ORDERS that both Parents shall comply with all terms, enforceable through the Court's contempt power and the sanctions authorized by § 728.

☐ ORDERS that joint custody is granted on a trial basis for [____] months pursuant to § 727, with a review hearing scheduled for [__/__/____].

Date: [__/__/____]

[________________________________]
Judge, Family Court of the State of Delaware

Sources and References

• Del. Code tit. 13, § 722 — Best interests of child (eight statutory factors); no gender presumption
• Del. Code tit. 13, § 727 — Joint custody provisions; trial period of up to 6 months; information rights; police enforcement of custody orders
• Del. Code tit. 13, § 728 — Residence, visitation, and enforcement sanctions (compensatory time, temporary transfers, surcharges, contempt)
• Del. Code tit. 13, § 729 — Modification standards (consent orders, within 2 years, after 2 years)
• Del. Code tit. 13, § 734 — Relocation requirements and factors
• Del. Code tit. 13, § 705A — Domestic violence presumption against custody
• Del. Code tit. 13, Chapter 7A — Child Protection from Domestic Violence Act
• Del. Code tit. 13, Chapter 19 — UCCJEA
• Delaware Family Court Petition for Custody (Form #345)
• Delaware Family Court Disclosure Report (Form #364)
• Delaware Family Court Parenting Education Program
• Delaware Family Court Mediation Program
• Delaware Courts website: https://courts.delaware.gov/family/custody/