Delaware Sole Custody Agreement

SOLE 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 Sole Custody Agreement ("Agreement") is entered into by and between:

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

Non-Custodial Parent: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

(collectively, the "Parents")

Recitals

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

B. Although Delaware law recognizes that joint legal custody "enhances the active participation of both parents in the child's life" (Del. Code tit. 13, § 727), the Parents agree — or the Family Court has determined — that sole legal and/or physical custody to the Custodial Parent serves the child(ren)'s best interests under the circumstances.

C. Sole custody is appropriate in this matter because (select all that apply):
☐ History of domestic violence (see Article IX — § 705A presumption applies)
☐ Inability of Parents to cooperate in joint decision-making
☐ Geographic distance between Parents' residences
☐ Non-Custodial Parent's prolonged absence or unavailability
☐ Substance abuse or mental health concerns affecting the Non-Custodial Parent
☐ Non-Custodial Parent's criminal history affecting custodial fitness
☐ Other: [________________________________]

D. No presumption shall exist that a parent, because of such parent's sex, is better qualified to serve as sole or joint custodian (§ 722(b)).

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).

ARTICLE I — DELAWARE BEST INTEREST ANALYSIS (§ 722)

The eight statutory best interest factors of Del. Code tit. 13, § 722(a) support sole custody as follows:

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

☐ Both Parents agree that sole custody to the Custodial Parent is appropriate.
☐ The Custodial Parent seeks sole custody; the Non-Custodial Parent ☐ consents ☐ does not consent.
[________________________________]

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: [________________________________]

(Note: Delaware Family Court judges may interview children in chambers without parents present; attorneys may attend.)

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

The child(ren)'s relationships with parents, grandparents, siblings, and household members:
[________________________________]

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

[________________________________]

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

[________________________________]

1.6 Past and Present Parental Compliance (§ 722(a)(6))

Each Parent's history of compliance with parental rights and responsibilities:
[________________________________]

1.7 Evidence of Domestic Violence (§ 722(a)(7))

☐ No history of domestic violence.
☐ Domestic violence history exists — see Article IX.
(Pursuant to § 705A, a parent who has committed domestic violence is presumed unfit for sole or joint custody.)

1.8 Criminal History (§ 722(a)(8))

☐ No relevant criminal history for either party or household member.
☐ Criminal history exists: [________________________________]
(Note: Under § 728, a person convicted of first- or second-degree murder of a parent shall not be granted visitation. Sex offender restrictions apply under Chapter 7A.)

ARTICLE II — SOLE LEGAL CUSTODY

2.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with exclusive authority to make all major decisions regarding:

• Education: School selection and enrollment, special education services, IEP/504 plans, tutoring, gifted programs, school changes
• Medical Care: Selection of healthcare providers, non-emergency treatment, medications, surgical procedures, mental health counseling, therapy
• Religious Upbringing: Religious education, observances, and ceremonies
• Extracurricular Activities: Enrollment in sports, arts, clubs, and other organized activities
• Travel: Authorization of domestic and international travel
• Legal Matters: Legal decisions affecting the child(ren)

2.2 Consultation with Non-Custodial Parent

☐ The Custodial Parent is encouraged, but not required, to consult the Non-Custodial Parent before making major decisions.
☐ The Custodial Parent shall inform the Non-Custodial Parent within [____] days of making a major decision.
☐ No consultation requirement.

2.3 Non-Custodial Parent's Information Rights (§ 727)

Despite sole legal custody residing with the Custodial Parent, the Non-Custodial Parent retains statutory rights under Del. Code tit. 13, § 727 to receive material information concerning:

• The child(ren)'s progress in school
• Medical treatment and health information
• 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

The Custodial Parent shall ensure the Non-Custodial Parent is listed as an authorized contact (but not decision-maker) with schools and medical providers so that the Non-Custodial Parent may receive information directly.

ARTICLE III — SOLE PHYSICAL CUSTODY AND RESIDENCE

3.1 Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]
[________________________________]

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

3.2 Custodial Parent's Authority

The Custodial Parent shall determine the child(ren)'s daily activities, routines, household rules, and care. The Custodial Parent's home shall be the child(ren)'s legal residence for school enrollment, voting registration (when applicable), and all official purposes.

ARTICLE IV — NON-CUSTODIAL PARENT CONTACT SCHEDULE

4.1 Type of Contact

(Select one:)

☐ Option A — Standard Contact Schedule

• Alternating Weekends: Every other weekend from Friday at [____] to Sunday at [____]
• Midweek Contact: [________________________________] from [____] to [____]
• Summer: [____] non-consecutive weeks with [____] days' advance written notice

☐ Option B — Expanded Contact Schedule

• Alternating Weekends: Every other weekend from Friday after school to Monday morning (school drop-off)
• Midweek Overnights: [________________________________] after school to [________________________________] morning
• Summer: [____] weeks (may be consecutive) with [____] days' advance written notice

☐ Option C — Supervised Contact (Safety concerns present)

• Frequency: [________________________________]
• Duration: [________________________________]
• Location: ☐ Delaware Family Court supervised visitation program ☐ Approved supervised visitation center: [________________________________] ☐ In the presence of: [________________________________]
• Conditions: [________________________________]
• Review Period: Supervision requirements shall be reviewed every [____] months, with modification upon demonstrated progress.

☐ Option D — Restricted or No Contact

• Contact is ☐ suspended ☐ restricted to: [________________________________]
• Basis: [________________________________]
• Review: [________________________________]

☐ Option E — Custom Schedule
[________________________________]
[________________________________]
[________________________________]

4.2 Holiday and Special Occasion Schedule

Holiday contact supersedes the regular schedule.

4.3 Vacation Contact

The Non-Custodial Parent may have up to [____] weeks of vacation contact per calendar year with at least [____] days' written notice. Vacation shall not unreasonably interfere with the child(ren)'s school schedule.

The Custodial Parent may travel with the child(ren) within the United States without the Non-Custodial Parent's consent, with [____] days' advance notice and itinerary provided.

ARTICLE V — EXCHANGES AND TRANSPORTATION

5.1 Exchange Location

☐ Custodial Parent's residence
☐ Child(ren)'s school
☐ Neutral public location: [________________________________]
☐ Supervised visitation center (if applicable)
☐ Other: [________________________________]

5.2 Transportation

☐ Non-Custodial Parent picks up and returns the child(ren).
☐ Custodial Parent provides transportation.
☐ Shared equally.
☐ Other: [________________________________]

5.3 Exchange Protocol

• Parents shall be punctual, with a 15-minute grace period.
• Late arrivals exceeding 15 minutes require immediate notice to the other Parent.
• Failure to appear within 30 minutes without communication forfeits that contact period.
• Exchanges shall be brief, respectful, and free from conflict.
• Neither Parent shall discuss disputes, court proceedings, or finances during exchanges.

5.4 Child(ren)'s Belongings

• Sufficient clothing, medications (with written instructions), school materials, and comfort items shall accompany the child(ren).
• Neither Parent shall withhold the child(ren)'s belongings.
• The Non-Custodial Parent shall return all belongings at the end of each contact period.

ARTICLE VI — COMMUNICATION

6.1 Parent-Child Communication During Custodial Time

The Custodial Parent shall facilitate reasonable phone/video communication between the Non-Custodial Parent and child(ren):
☐ Daily at approximately [________________________________] for up to [____] minutes
☐ Every other day at [________________________________]
☐ Reasonable contact as mutually agreed
☐ Other: [________________________________]

The Custodial Parent shall:

• Ensure the child(ren) are available at scheduled times
• Provide a private space for the conversation
• Not monitor, record, or interfere with the communication
• Not punish the child(ren) for communicating with the Non-Custodial Parent

6.2 Parent-to-Parent Communication

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

6.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of:

• Illness or injury requiring medical attention
• Hospitalization or emergency room visits
• School disciplinary actions
• Involvement with law enforcement or child protective services
• Any significant event affecting the child(ren)'s well-being

6.4 Information Sharing

The Custodial Parent shall provide the Non-Custodial Parent with:

• Report cards and progress reports within [____] days of receipt
• Notification of school events and parent-teacher conferences
• Medical treatment summaries for significant procedures
• Notice of changes in address, telephone, or the child(ren)'s school

ARTICLE VII — COVENANTS AND RESTRICTIONS

7.1 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent in the child(ren)'s presence or allow others in their household to do so.

7.2 Anti-Alienation

Neither Parent shall:

• Encourage the child(ren) to disobey, disrespect, or reject the other Parent
• Interfere with the child(ren)'s communication with the other Parent
• Use the child(ren) as messengers or mediators
• Share age-inappropriate information about court proceedings or adult conflicts

7.3 Substance Restrictions

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

7.4 Firearms Safety

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

7.5 Timely Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Late returns without reasonable notice and excuse constitute a material breach.

7.6 Supervision Compliance (If Applicable)

☐ The Non-Custodial Parent shall comply with all supervised contact requirements, including fees, behavioral expectations, and conditions imposed by the supervisor or the Court.

7.7 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the child(ren)'s primary residence.

ARTICLE VIII — RELOCATION (§ 734)

8.1 Custodial Parent Relocation Within Delaware

The Custodial Parent may relocate within Delaware with [____] days' written notice to the Non-Custodial Parent, provided the move does not materially affect the contact schedule. If the move materially affects contact, the Parents shall negotiate revised contact arrangements.

8.2 Relocation Outside Delaware

Pursuant to Del. Code tit. 13, § 734, relocation of the child(ren) outside Delaware or for 60 or more days that materially affects the custody arrangement requires:
☐ Written consent of the Non-Custodial Parent; OR
☐ Family Court approval after hearing.

The notice shall include:

• Proposed new address and date of move
• Reason for relocation
• Proposed revised contact schedule
• Proposed transportation and communication arrangements

8.3 Court Evaluation Factors (§ 734)

The Family Court shall consider:

1. Nature, quality, 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-Custodial Parent's relationship
4. The child's preference based on age and maturity
5. Pattern of promoting or thwarting parental relationships
6. Whether relocation enhances quality of life for the child and Custodial Parent
7. Each Parent's reasons for seeking or opposing relocation
8. Any other factor affecting the child's best interest

8.4 Prohibition Pending Resolution

The Custodial Parent shall not relocate the child(ren) until consent is obtained or the Court rules. The Preliminary Injunction upon filing prohibits permanent removal from Delaware without permission.

ARTICLE IX — DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable. No domestic violence history.

☐ Applicable. The following provisions apply pursuant to Del. Code tit. 13, §§ 705A and 705B:

9.1 Presumption Under § 705A

A parent who has committed an act of domestic violence is presumed unfit for sole or joint custody. This Agreement reflects:
☐ The presumption has not been rebutted — sole custody is awarded to the non-offending Parent.
☐ The presumption has been rebutted based on: [________________________________]

9.2 Conditions for Contact (§ 705B)

If contact is granted to a parent with a domestic violence history, protective conditions include:

☐ All contact shall be supervised at: [________________________________]
☐ No overnight contact
☐ Completion of a family violence perpetrator treatment program
☐ Completion of substance abuse counseling
☐ Domestic violence seminar attendance (required by Family Court)
☐ No consumption of alcohol or controlled substances within 24 hours of contact
☐ Geographic restrictions on contact locations
☐ Other: [________________________________]

9.3 Restriction on Convicted Persons

Pursuant to § 728, a person convicted of first- or second-degree murder of a parent of the child shall not be granted contact. Sex offender restrictions apply per Chapter 7A, Subchapter II.

ARTICLE X — FINANCIAL PROVISIONS

10.1 Health Insurance

☐ Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).
☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the child(ren).
☐ Both Parents maintain coverage: [________________________________]

10.2 Unreimbursed Medical Expenses

Expenses not covered by insurance shall be divided: Custodial Parent [____]% / Non-Custodial Parent [____]%

10.3 Extracurricular Activity Costs

☐ Custodial Parent's sole responsibility.
☐ Divided: Custodial Parent [____]% / Non-Custodial Parent [____]%

10.4 Transportation Costs

☐ Non-Custodial Parent's responsibility.
☐ Shared equally.
☐ Other: [________________________________]

ARTICLE XI — DISPUTE RESOLUTION

11.1 Mediation

Before seeking Court intervention, the Parents shall participate in mediation except in emergencies or when domestic violence findings exist.

• Mediation is mandatory in Delaware custody proceedings absent domestic violence or no-contact orders.
• Mediator: ☐ Family Court mediator ☐ Private mediator: [________________________________]
• Cost: ☐ Shared equally ☐ Other: [________________________________]

11.2 Guardian Ad Litem

The Family Court may appoint a guardian ad litem or custody evaluator. Both Parents shall cooperate fully.

11.3 Enforcement (§ 728)

The Family Court may enforce this Agreement through:

• Compensatory contact time
• Temporary custody transfers (up to 30 days)
• Surcharges up to 10% of the violating Parent's monthly support
• Contempt sanctions (fines and imprisonment)
• Attorney's fee awards
• Police enforcement of custody orders (§ 727)

ARTICLE XII — MODIFICATION (§ 729)

12.1 Standard

Future modifications are governed by Del. Code tit. 13, § 729:

• Consent orders or interim orders: Modifiable at any time per § 722.
• Contested orders within 2 years: Requires showing that continuing the order endangers the child's physical health or significantly impairs emotional development.
• Contested orders after 2 years: Subject to § 722 factors plus assessment of potential harm and parental compliance.
• Contact/visitation modifications: May be made at any time if the child's best interests would be served.

12.2 Motion to Convert to Joint Custody

Either Parent may petition the Family Court to convert sole custody to joint custody upon demonstration that circumstances have changed and joint custody would serve the child(ren)'s best interests under § 722.

ARTICLE XIII — GENERAL PROVISIONS

13.1 Governing Law

This Agreement is governed by Delaware law, Del. Code tit. 13, Chapter 7.

13.2 Jurisdiction

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

13.3 Severability

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

13.4 Integration

This Agreement constitutes the entire custody arrangement between the Parents.

13.5 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 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).

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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 Sole Custody Agreement and having determined that it serves the best interests of the child(ren) pursuant to Del. Code tit. 13, § 722, hereby:

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

ORDERS that [________________________________] (Custodial Parent) shall have sole legal and physical custody of the child(ren).

ORDERS that [________________________________] (Non-Custodial Parent) shall have contact with the child(ren) as specified in Article IV of the Agreement.

ORDERS that both Parents shall comply with all terms, enforceable through the Court's contempt power and the sanctions authorized by § 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); no gender presumption
• Del. Code tit. 13, § 727 — Custody rights; non-custodial parent information rights; police enforcement
• Del. Code tit. 13, § 728 — Residence, visitation, sanctions; murder conviction restriction; sex offender provisions
• Del. Code tit. 13, § 729 — Modification standards (consent, 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, § 705B — Conditions for abusive parent contact
• Del. Code tit. 13, Chapter 7A — Child Protection from Domestic Violence and Sex Offenders 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/