Delaware Parenting Plan

PARENTING PLAN

In the Family Court of the State of Delaware

In and For [________________________________] County

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

Case No.: [________________________________]

Filed in Connection With: ☐ Petition for Custody ☐ Divorce Proceeding ☐ Modification of Custody ☐ Other: [________________________________]

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

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

Child(ren) Subject to This Plan:

SECTION 1 — PURPOSE AND DELAWARE LEGAL FRAMEWORK

1.1 Purpose

This Parenting Plan ("Plan") establishes a comprehensive framework for the care and upbringing of the child(ren) following the parents' separation. Delaware law is designed to "permit and encourage frequent and meaningful contact between the child and both parents" (Del. Code tit. 13, § 727). This Plan reflects the Parents' commitment to cooperative co-parenting in the best interests of the child(ren).

1.2 Mandatory Requirements Completed

☐ Both Parents have completed the Delaware Family Court mandatory Parenting Education Class

• Parent A completion date: [__/__/____]
• Parent B completion date: [__/__/____]

☐ Both Parents have completed the Custody, Visitation and Guardianship Disclosure Report (Form #364)

☐ Parents have participated in Family Court mediation (or mediation has been waived due to domestic violence findings)

☐ If domestic violence is involved, both Parents have attended the domestic violence seminar addressing how domestic violence harms children

1.3 Statutory Basis

This Plan is submitted pursuant to Del. Code tit. 13, Chapter 7, Subchapter II, and addresses each of the eight best interest factors of § 722:

1. The wishes of the Parents as to custody and residential arrangements
2. The wishes of the child(ren) as to custodian(s) and residential arrangements
3. The child(ren)'s interaction and interrelationship with parents, grandparents, siblings, and significant household members
4. The child(ren)'s adjustment to home, school, and community
5. The mental and physical health of all individuals involved
6. Past and present compliance by both Parents with their parental rights and responsibilities
7. Evidence of domestic violence as provided for in Chapter 7A
8. Criminal history of any party or household member

SECTION 2 — LEGAL CUSTODY DESIGNATION

2.1 Type of Legal Custody

(Select one:)

☐ Joint Legal Custody (§ 727): Both Parents shall share joint legal custody. Delaware law recognizes that joint legal custody "enhances the active participation of both parents in the child's life." Both Parents shall have equal authority and responsibility to make major decisions regarding the child(ren)'s welfare. Neither Parent's sex creates a presumption of superior qualification for custody (§ 722(b)).

☐ Sole Legal Custody to Parent A / Parent B: [________________________________] shall have sole legal custody with exclusive decision-making authority. The non-custodial Parent retains information rights under § 727.

2.2 Major Decision-Making Areas

Under joint legal custody, Parents shall consult and reach mutual agreement on:

2.3 Decision-Making Process

a. The Parent identifying a decision shall notify the other Parent in writing (email, text, or co-parenting app).
b. The other Parent shall respond within [____] business days.
c. If Parents cannot agree after good-faith consultation, the dispute shall be submitted to mediation before either Parent petitions the Family Court.
d. Emergency Decisions: The Parent with the child(ren) may make emergency medical decisions when immediate action is needed to prevent serious harm. That Parent shall notify the other Parent as soon as practicable.

2.4 Routine Daily Decisions

Each Parent has authority to make routine day-to-day decisions during that Parent's residential time, including meals, bedtime, homework supervision, routine hygiene, age-appropriate social activities, and minor discipline.

SECTION 3 — RESIDENTIAL ARRANGEMENT AND CONTACT SCHEDULE

3.1 Residential Designation

(Select one:)

☐ Shared Residential Arrangement: The child(ren) shall reside with each Parent on a substantially equal basis per the schedule below.

☐ Primary Residence with Visitation: The child(ren)'s primary residence shall be with [________________________________]. The other Parent shall have contact per the schedule below.

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

3.2 Regular Weekly Schedule

(Select one schedule option or customize:)

☐ Option A — Alternating Weeks: Week 1 with Parent A (Monday morning through following Monday morning); Week 2 with Parent B. Alternating thereafter.

☐ Option B — 2-2-3 Rotation:

• Monday–Tuesday: Parent A
• Wednesday–Thursday: Parent B
• Friday–Sunday: Alternating (Parent A Week 1, Parent B Week 2)

☐ Option C — 5-2-2-5:

• Monday–Tuesday: Parent A (every week)
• Wednesday–Thursday: Parent B (every week)
• Friday–Monday: Alternating

☐ Option D — Every Other Weekend Plus Midweek:

• Primary Parent: Weekdays
• Other Parent: Alternating weekends (Friday after school to Monday morning) plus one midweek overnight ([________________________________] after school to [________________________________] morning)

☐ Option E — Custom Schedule:

3.3 Holiday Schedule

Holidays supersede the regular schedule. The Parents shall alternate as follows:

Child(ren)'s Birthday(s):
☐ Alternating years: Even years with Parent [____]; Odd years with Parent [____]
☐ Shared celebration each year
☐ Non-residential Parent gets [____] hours on birthday: [____] to [____]
☐ Other: [________________________________]

Delaware-Specific Holidays/Events: [________________________________]

3.4 Summer Schedule

☐ Regular schedule continues through summer.

☐ Modified summer schedule:

• Each Parent shall have [____] weeks of uninterrupted vacation time.
• Vacation requests must be submitted in writing by May 1 of each year.
• If both Parents request the same period, Parent A shall have first choice in even years; Parent B in odd years.
• The vacationing Parent shall provide an itinerary and contact information.
• The non-vacationing Parent shall have ☐ daily ☐ every other day phone/video contact at [________________________________].

3.5 School Breaks and Teacher In-Service Days

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

SECTION 4 — EXCHANGES AND TRANSPORTATION

4.1 Exchange Location

☐ At the child(ren)'s school (school-day exchanges)
☐ At a neutral public location: [________________________________]
☐ At Parent A's residence
☐ At Parent B's residence
☐ Other: [________________________________]

Non-school-day exchanges at: [________________________________]

4.2 Transportation Responsibility

☐ Receiving Parent picks up the child(ren).
☐ Delivering Parent transports the child(ren).
☐ Parents share equally, with: [________________________________]
☐ Other arrangement: [________________________________]

4.3 Exchange Conduct

• Exchanges shall be brief, cordial, and child-focused.
• If a Parent will be more than 15 minutes late, that Parent must notify the other immediately.
• If a Parent fails to arrive within 30 minutes without notification, the exchange is deemed forfeited for that period.
• Neither Parent shall engage in conflict, argument, or discussion of adult issues during exchanges.
• Only the Parents and child(ren) shall be present at exchanges unless otherwise agreed.

4.4 Child(ren)'s Belongings

• Sufficient clothing, medications (with written instructions), school materials, and comfort items shall accompany the child(ren).
• Each Parent shall maintain basic clothing and supplies in their home.
• Neither Parent shall withhold the child(ren)'s belongings.

SECTION 5 — COMMUNICATION

5.1 Parent-to-Parent Communication

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

Communications shall be respectful, child-focused, and business-like. Each Parent shall respond within [____] hours to non-emergency communications.

5.2 Parent-Child Communication

The non-residential Parent may communicate with the child(ren):
☐ Daily phone/video calls at approximately [________________________________]
☐ Unrestricted reasonable contact initiated by either parent or child
☐ Specific schedule: [________________________________]

The residential Parent shall:

• Ensure the child(ren) are available at scheduled times
• Provide privacy for the conversation
• Not monitor, record, or interfere with the call
• Encourage the child(ren) to participate

5.3 Information Rights (§ 727)

Each Parent shall have the right to receive, and the other Parent shall facilitate access to, material information concerning:

• School progress, report cards, and teacher communications
• Medical treatment and health information
• Significant developments in the child(ren)'s life
• School activities, conferences, and events
• Special religious events and milestones
• Extracurricular schedules and activities

Both Parents shall be listed as emergency contacts at schools and with medical providers. Both Parents may communicate directly with teachers and healthcare providers.

5.4 Notification of Significant Events

Each Parent shall promptly notify the other (within 24 hours) of:

• Illness or injury requiring medical attention
• Hospitalization or emergency room visit
• School disciplinary action
• Involvement with law enforcement or child protective services
• Change of address, telephone, or employment
• Introduction of a new romantic partner to the child(ren)
• Any event that may affect the child(ren)'s well-being

SECTION 6 — CHILD-REARING PROVISIONS

6.1 Consistency Between Households

Parents shall make reasonable efforts to maintain consistency in:

• Bedtimes and sleep schedules
• Homework expectations
• Screen time limits
• Discipline approaches
• Health and nutrition standards

6.2 Discipline

• Each Parent may establish reasonable rules in their own home.
• Discipline shall be age-appropriate and may include time-outs, loss of privileges, and natural consequences.
• Corporal punishment is: ☐ Prohibited ☐ Discouraged
• Neither Parent shall use discipline that is physically harmful, emotionally abusive, or degrading.

6.3 Healthcare

Primary Care Physician: [________________________________]
Dentist: [________________________________]
Specialists: [________________________________]
Health Insurance Provider: [________________________________]
Insurance carried by: ☐ Parent A ☐ Parent B ☐ Both

Unreimbursed medical expenses shall be divided: Parent A [____]% / Parent B [____]%

6.4 Education

Current School: [________________________________]
School District: [________________________________]

Both Parents shall attend parent-teacher conferences, school events, and IEP meetings. Both Parents shall have access to the school's online portal and communication systems.

6.5 Religious Upbringing

☐ The child(ren) shall be raised in the [________________________________] faith tradition.
☐ Each Parent may share their own beliefs during their residential time.
☐ No formal religious instruction; major ceremonies require mutual agreement.
☐ Other: [________________________________]

6.6 Extracurricular Activities

• Enrollment in new activities requires agreement of both Parents (if joint legal custody) or the custodial Parent's decision (if sole legal custody).
• Both Parents shall cooperate with transportation to activities.
• Costs shall be divided: Parent A [____]% / Parent B [____]%
• Currently enrolled activities that shall continue: [________________________________]

6.7 Introduction of New Partners

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

6.8 Substance Restrictions

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

6.9 Firearms Safety

All firearms in either Parent's home shall be stored unloaded in a locked container, with ammunition stored separately, inaccessible to the child(ren).

6.10 Right of First Refusal

☐ Not applicable.
☐ If either Parent needs childcare for more than [____] consecutive hours during their residential time, that Parent shall first offer the time to the other Parent. The other Parent shall respond within [____] hours or the offer is deemed declined.

6.11 Non-Disparagement and Anti-Alienation

Neither Parent shall:

• Make negative remarks about the other Parent in the child(ren)'s presence
• Allow others to disparage the other Parent around the child(ren)
• Interrogate the child(ren) about the other Parent's household
• Encourage the child(ren) to disobey or reject the other Parent
• Use the child(ren) as messengers or mediators
• Share age-inappropriate information about court proceedings or adult conflicts

SECTION 7 — RELOCATION (§ 734)

7.1 Notice Requirement

Pursuant to Del. Code tit. 13, § 734, a Parent intending to relocate the child(ren) outside Delaware or for a period of 60 or more days in a manner that materially affects the residential arrangement must provide written notice to the other Parent at least 60 days before the proposed move.

7.2 Contents of Notice

The notice shall include:

• Proposed new address
• Date of proposed relocation
• Reason for the move
• Proposed revised parenting schedule
• Proposed transportation arrangements for maintaining the child(ren)'s relationship with the non-relocating Parent

7.3 Court Evaluation Factors

Under § 734, the Family Court shall evaluate relocation requests by considering:

1. Nature, quality, extent of involvement, and duration of the child's relationships with both Parents and siblings
2. Age, developmental stage, needs of the child, and likely impact of the relocation
3. Feasibility of preserving the relationship with the non-relocating Parent through substitute contact arrangements
4. Child's preference based on age and maturity
5. Whether there is an established pattern of conduct by either Parent to promote or thwart the child's relationship with the other Parent
6. Whether relocation will enhance the quality of life for the child and the relocating Parent
7. Reasons each Parent seeks or opposes the relocation
8. Any other factor affecting the best interest of the child

7.4 Prohibition Pending Resolution

Neither Parent may relocate the child(ren) until written consent is obtained from the other Parent or the Family Court issues an order approving the relocation. The Preliminary Injunction issued upon filing prohibits permanent removal of the child(ren) from Delaware without permission.

SECTION 8 — DISPUTE RESOLUTION

8.1 Good-Faith Communication

Parents shall first attempt to resolve disagreements through respectful direct communication.

8.2 Delaware Family Court Mediation

If direct communication fails, the Parents shall participate in mediation. Delaware Family Court routinely refers custody disputes to mediation.

• Mediation is mandatory absent a court finding of domestic violence or a no-contact order (unless the victim's attorney requests mediation).
• Mediator: ☐ Family Court mediator ☐ Private mediator: [________________________________]
• Costs: ☐ Shared equally ☐ Proportional to income ☐ Other: [________________________________]

8.3 Guardian Ad Litem / Custody Evaluator

The Family Court may appoint a guardian ad litem or custody evaluator to represent the child(ren)'s interests. The Parents agree to cooperate fully with any court-appointed professional.

8.4 Court Intervention

If mediation is unsuccessful, either Parent may petition the Family Court. Judges prefer not to have children testify in open court and may interview the child(ren) in chambers without parents present (attorneys may attend).

8.5 Enforcement Remedies (§ 728)

The Family Court may enforce this Plan through:

• Compensatory contact time for wrongfully denied contact
• Temporary custody transfers (up to 30 days)
• Surcharges up to 10% of the violating Parent's monthly support
• Contempt findings with fines or imprisonment
• Attorney's fee awards

SECTION 9 — DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable. No domestic violence history exists.

☐ Applicable. Pursuant to Del. Code tit. 13, § 705A and Chapter 7A:

The following protective measures are incorporated into this Plan:
☐ Supervised exchanges at: [________________________________]
☐ Supervised contact/visitation by: [________________________________]
☐ No overnight contact with: Parent [____]
☐ Geographic restrictions on contact locations
☐ Completion of batterer's intervention program required
☐ Substance abuse treatment required
☐ Other conditions: [________________________________]

The presumption against custody to a domestic violence perpetrator (§ 705A) has been:
☐ Applied — contact is restricted as set forth above
☐ Rebutted — the court has found sufficient evidence to overcome the presumption based on: [________________________________]

SECTION 10 — MODIFICATION AND REVIEW

10.1 Periodic Review

Parents agree to review this Plan:
☐ Annually on or about [__/__/____]
☐ When the child(ren) enter a new school level (elementary, middle, high)
☐ Upon any significant change in circumstances
☐ Other: [________________________________]

10.2 Modification Standard

Modifications to this Plan are governed by Del. Code tit. 13, § 729:

• If this Plan was entered by consent: It may be modified at any time per the § 722 best interest factors.
• If this Plan was entered after contested hearing: Within 2 years, modification requires a showing that the current arrangement endangers the child's physical health or significantly impairs emotional development. After 2 years, the § 722 factors apply with consideration of potential harm from environmental change.

10.3 Written Modifications

Parents may modify day-to-day scheduling by mutual written agreement (email, text, or co-parenting app confirmation) without returning to court. Substantive changes to legal custody, residential designation, or relocation provisions require court approval.

SECTION 11 — GENERAL PROVISIONS

11.1 Governing Law

This Plan is governed by the laws of the State of Delaware, specifically Del. Code tit. 13, Chapter 7 and Chapter 7A.

11.2 Jurisdiction

The Family Court of the State of Delaware in and for [________________________________] County retains continuing exclusive jurisdiction to interpret, enforce, or modify this Plan pursuant to the UCCJEA (Del. Code tit. 13, Chapter 19).

11.3 Severability

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

11.4 Integration

This Plan, together with any court order incorporating it, constitutes the complete parenting arrangement between the Parents and supersedes all prior agreements.

11.5 Filing Location

☐ New Castle County: Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801 — (302) 255-0300

☐ Kent County: Family Court, 400 Court Street, Dover, DE 19901 — (302) 672-1000

☐ Sussex County: Family Court, 100 East Market Street, Georgetown, DE 19947 — (302) 855-7400

EXECUTION

The undersigned Parents affirm that they have read this Parenting Plan, understand its terms, and enter into it voluntarily and in the best interests of the child(ren).

PARENT A:

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

PARENT B:

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

ATTORNEY CERTIFICATION (If Represented)

I certify that I have reviewed this Parenting Plan with my client and believe it to be in the best interests of the child(ren).

Attorney for Parent A:
Name: [________________________________]
Bar No.: [________________________________]
Signature: [________________________________]
Date: [__/__/____]

Attorney for Parent B:
Name: [________________________________]
Bar No.: [________________________________]
Signature: [________________________________]
Date: [__/__/____]

ORDER OF THE FAMILY COURT

The Family Court of the State of Delaware, in and for [________________________________] County, having reviewed the foregoing Parenting Plan and having determined that it serves the best interests of the child(ren) pursuant to Del. Code tit. 13, § 722, hereby:

ORDERS that the Parenting Plan is APPROVED and incorporated into this Order of the Court.

ORDERS that both Parents shall comply with all terms and provisions of the Plan, enforceable through the Court's contempt power under § 728.

Date: [__/__/____]

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

Sources and References

• Del. Code tit. 13, § 722 — Best interests of child (eight statutory factors)
• Del. Code tit. 13, § 727 — Custody rights, information access, joint custody provisions
• Del. Code tit. 13, § 728 — Residence, visitation, and enforcement sanctions
• Del. Code tit. 13, § 729 — Modification of prior orders
• Del. Code tit. 13, § 734 — Relocation requirements and factors
• Del. Code tit. 13, § 705A — Domestic violence presumption against custody
• Del. Code tit. 13, § 705B — Conditions for visitation by abusive parent
• Del. Code tit. 13, Chapter 7A — Child Protection from Domestic Violence Act
• Del. Code tit. 13, Chapter 19 — UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)
• 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/