Delaware Temporary Custody Agreement

TEMPORARY 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 Temporary Custody Agreement ("Agreement") is entered into by and between:

Party A: [________________________________]
Relationship to Child(ren): ☐ Parent ☐ Grandparent ☐ Other relative: [________________________________] ☐ Other: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Party B: [________________________________]
Relationship to Child(ren): ☐ Parent ☐ Grandparent ☐ Other relative: [________________________________] ☐ Other: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

(collectively, the "Parties")

ARTICLE I — BASIS FOR TEMPORARY CUSTODY

1.1 Reason for Temporary Arrangement

(Select all that apply:)

☐ Pending Custody Determination: Temporary custody is needed while the Family Court resolves a permanent custody petition (Case No. [________________________________]).

☐ Court-Ordered Trial Period (§ 727): The Family Court has ordered temporary joint or sole custody for up to six months to evaluate the Parents' ability and willingness to cooperate, pursuant to Del. Code tit. 13, § 727.

☐ Pending Divorce: Temporary custody is needed during divorce proceedings filed in Delaware Family Court (Case No. [________________________________]).

☐ Military Deployment: Parent [________________________________] is being deployed effective [__/__/____] through approximately [__/__/____]. Delaware law addresses interim custody orders during military deployment under § 727.

☐ Medical Incapacity: Parent [________________________________] is temporarily unable to care for the child(ren) due to: [________________________________]

☐ Parent's Extended Absence: Parent [________________________________] will be absent for an extended period due to: [________________________________]

☐ Safety Concerns: Temporary custody is necessary to protect the child(ren) from: [________________________________]

☐ Voluntary Delegation to Non-Parent Caregiver: Parent is temporarily delegating custody to a non-parent caregiver (grandparent, relative, family friend) due to: [________________________________]

☐ Other: [________________________________]

1.2 Duration

Effective Date: [__/__/____]

Termination Date: This Agreement shall terminate on the earliest of:

(a) [__/__/____] (specified end date); or
(b) Entry of a permanent custody order by the Family Court; or
(c) Written notice by the Parent of intent to resume full custody, with [____] days' advance notice; or
(d) Mutual written agreement of the Parties; or
(e) Six months from the effective date if this is a court-ordered trial period under § 727; or
(f) Order of the Family Court.

1.3 Statutory Framework

A. Temporary custody arrangements in Delaware are governed by Del. Code tit. 13, Chapter 7, Subchapter II.

B. Under § 727, the Family Court may grant temporary joint or sole custody for a period not to exceed six months to give parents the opportunity to demonstrate their ability and willingness to cooperate with the custodial arrangement ordered. After review, the Court may continue or modify the temporary order on a permanent basis.

C. Interim orders are modifiable at any time under § 729(a) in accordance with the best interest factors of § 722, without the heightened standard that applies to contested permanent orders.

D. The Preliminary Injunction issued upon filing a Petition for Custody (Form #345) prohibits either Parent from permanently removing the child(ren) from Delaware during proceedings without the other Parent's permission or Court approval.

ARTICLE II — TEMPORARY CUSTODY DESIGNATION

2.1 Type of Temporary Arrangement

(Select one:)

☐ Option A — Temporary Sole Physical Custody with Parent Retaining Legal Custody

• [________________________________] ("Temporary Custodian") shall have temporary physical custody during the temporary period.
• [________________________________] ("Parent") retains full legal custody and decision-making authority for all major decisions.
• The Temporary Custodian may make routine day-to-day decisions but must consult the Parent for major decisions regarding education, non-emergency medical care, mental health treatment, and religious upbringing.

☐ Option B — Temporary Physical and Legal Custody

• [________________________________] ("Temporary Custodian") shall have both temporary physical and legal custody during the temporary period.
• The Temporary Custodian may make major decisions in the child(ren)'s best interests, with the expectation of consulting the Parent when reasonably possible.
• The Temporary Custodian may enroll the child(ren) in school, consent to routine medical care, and manage all daily needs.

☐ Option C — Temporary Shared Custody Between Parents (§ 727 Trial Period)

• During the temporary period, Parents shall share custody on the following schedule: [________________________________]
• Legal custody shall be: ☐ Joint ☐ Sole to Parent A ☐ Sole to Parent B
• This arrangement serves as a court-ordered trial period under § 727 to evaluate parental cooperation.
• Review hearing date: [__/__/____]

☐ Option D — Temporary Sole Custody to One Parent Pending Resolution

• [________________________________] shall have temporary sole legal and physical custody pending resolution of the permanent custody petition.
• The other Parent shall have contact per the schedule in Article IV.

2.2 Temporary Residence

The child(ren) shall reside primarily with the Temporary Custodian/designated Parent at:
[________________________________]
[________________________________]

School District: [________________________________]

2.3 Preservation of Parental Rights

☐ This Agreement does not constitute a permanent change in custody or an abandonment of parental rights.
☐ This Agreement does not establish a presumption for future custody determinations.
☐ The Parent's rights under Del. Code tit. 13, § 727 to receive material information about the child(ren) are preserved during the temporary period.

ARTICLE III — DELAWARE BEST INTEREST FACTORS (§ 722)

The Parties affirm that this temporary arrangement serves the child(ren)'s best interests under the eight factors of Del. Code tit. 13, § 722(a):

1. Wishes of the Parents (§ 722(a)(1)): [________________________________]
2. Wishes of the Child(ren) (§ 722(a)(2)): [________________________________]
3. Interaction and Interrelationship (§ 722(a)(3)): [________________________________]
4. Adjustment to Home, School, and Community (§ 722(a)(4)): [________________________________]
5. Mental and Physical Health (§ 722(a)(5)): [________________________________]
6. Parental Compliance (§ 722(a)(6)): [________________________________]
7. Domestic Violence (§ 722(a)(7)): ☐ None ☐ See Article X
8. Criminal History (§ 722(a)(8)): ☐ None ☐ As follows: [________________________________]

ARTICLE IV — CONTACT SCHEDULE DURING TEMPORARY PERIOD

4.1 Contact Between Non-Residential Parent/Party and Child(ren)

(Select one:)

☐ Liberal Contact: As mutually agreed between the Parties.

☐ Scheduled Contact:

• Weekends: [________________________________]
• Weekday(s): [________________________________]
• Holiday schedule: [________________________________]

☐ Virtual Contact Only (Parent unavailable in person due to deployment, hospitalization, etc.)

• Phone/video contact: ☐ Daily ☐ Every other day ☐ [____] times per week
• Time: approximately [________________________________]
• Duration: approximately [____] minutes
• Additional contact: ☐ Letters ☐ Email ☐ Other: [________________________________]

☐ Supervised Contact:

• Frequency: [________________________________]
• Supervisor: [________________________________]
• Location: [________________________________]
• Conditions: [________________________________]

☐ No Contact During Temporary Period

• Basis: [________________________________]
• Contact shall be reconsidered on: [__/__/____]

4.2 Holiday Schedule During Temporary Period

☐ No separate holiday schedule — regular temporary schedule applies.
☐ The following holidays shall be shared:

ARTICLE V — DECISION-MAKING AUTHORITY DURING TEMPORARY PERIOD

5.1 Allocation of Decision-Making

5.2 Emergency Medical Care

The Temporary Custodian/designated Parent with the child(ren) may authorize emergency medical treatment when immediate action is needed. The other Party shall be notified as soon as practicable.

5.3 Medical Authorization for Non-Parent Temporary Custodian

If the Temporary Custodian is not a parent, the Parent shall execute a separate Medical Authorization form authorizing the Temporary Custodian to consent to medical treatment for the child(ren).

ARTICLE VI — COMMUNICATION AND REPORTING

6.1 Temporary Custodian Reports to Parent

The Temporary Custodian shall provide the Parent with:

• Weekly updates on the child(ren)'s activities, health, and well-being
• Prompt notification (within 24 hours) of illness, injury, or behavioral concerns
• Copies of school reports, medical records, and other important documents
• Notification of school events and activities
• Immediate notification of any emergency, law enforcement, or child protective services contact

6.2 Parent-Child Communication

The Temporary Custodian shall facilitate regular communication between the Parent and child(ren):
☐ Daily phone/video calls at [________________________________]
☐ [____] times per week at [________________________________]
☐ As reasonably requested by the Parent or child(ren)

The Temporary Custodian shall not monitor, interfere with, or discourage this communication.

6.3 Information Rights

The Parent retains all rights under § 727 to receive material information about the child(ren), including school progress, medical treatment, and significant developments.

6.4 Contact Information Updates

Each Party shall promptly notify the other of any changes in address, telephone number, employment, or emergency contact information.

ARTICLE VII — FINANCIAL RESPONSIBILITIES

7.1 Child Support During Temporary Period

(Select one:)

☐ The Parent shall pay temporary support of $[________________________________] per ☐ month ☐ week to the Temporary Custodian.
☐ The Parent shall continue to pay directly for: [________________________________]
☐ The Temporary Custodian assumes daily expenses; the Parent maintains insurance and other specified costs.
☐ No financial exchange during the temporary period.
☐ Child support is set by separate Family Court order dated [__/__/____].

7.2 Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the child(ren) during the temporary period.

Policy information:

• Carrier: [________________________________]
• Policy/Group No.: [________________________________]
• Covered child(ren): [________________________________]

7.3 Unreimbursed Medical Expenses

Expenses not covered by insurance shall be: ☐ Parent's responsibility ☐ Temporary Custodian's responsibility ☐ Divided [____]% / [____]%

7.4 Education and Activity Costs

☐ Parent's responsibility
☐ Temporary Custodian's responsibility
☐ Divided: [________________________________]
☐ Specific allocation: [________________________________]

ARTICLE VIII — RETURN OF CHILD(REN) TO PARENT

8.1 Automatic Return Upon Termination

Upon termination of this Agreement as set forth in Article I, Section 1.2, the Temporary Custodian shall return the child(ren) to the Parent's custody promptly.

8.2 Early Resumption of Custody

If the Parent's circumstances change allowing earlier resumption of custody:

• The Parent shall provide [____] days' written notice.
• The Parties shall cooperate to facilitate a smooth transition.
• The child(ren)'s school and medical providers shall be notified of the change.

8.3 Graduated Transition (If Applicable)

☐ Not applicable — immediate return upon termination.

☐ Graduated transition schedule:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3: [________________________________]
• Full custody resumed: [__/__/____]

8.4 Court-Ordered Trial Period Review (§ 727)

If this Agreement is a court-ordered trial period under § 727:

• The trial period shall not exceed six months from the effective date.
• A review hearing is scheduled for [__/__/____] before the Family Court in [________________________________] County.
• At the review hearing, the Court may continue the temporary arrangement, modify it, or enter a permanent order.
• Both Parents shall provide written reports to the Court regarding the child(ren)'s adjustment and the Parents' cooperation during the trial period.

8.5 Failure to Return Child(ren)

Failure to return the child(ren) upon termination constitutes a material breach. The Parent may seek immediate enforcement through the Family Court, including emergency relief. Law enforcement may enforce custody orders under § 727.

ARTICLE IX — COVENANTS AND RESTRICTIONS

9.1 Best Interests Priority

The Temporary Custodian shall act in the child(ren)'s best interests at all times and maintain their safety, health, and welfare.

9.2 Consistency with Parent's Values

The Temporary Custodian shall, to the extent reasonable, maintain consistency with the Parent's child-rearing values, discipline methods, and household expectations.

9.3 Non-Disparagement

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

9.4 Substance Restrictions

Neither Party shall consume alcohol to impairment or use controlled substances (except as prescribed) while caring for the child(ren). Neither Party shall smoke or vape in the child(ren)'s presence.

9.5 Firearms Safety

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

9.6 No Permanent Relocation

The Temporary Custodian shall not relocate the child(ren) outside of [________________________________] without the Parent's written consent or a Family Court order. The Preliminary Injunction upon filing a custody petition prohibits permanent removal from Delaware without permission.

9.7 Maintain Parent-Child Relationship

The Temporary Custodian shall actively facilitate and encourage the child(ren)'s relationship with the Parent and shall not interfere with communication or contact.

9.8 No Transfer to Third Parties

The Temporary Custodian shall not delegate custody to a third party without the Parent's written consent, except for normal childcare arrangements (daycare, babysitting, school).

ARTICLE X — DOMESTIC VIOLENCE PROVISIONS

☐ Not applicable.

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

• The domestic violence presumption against custody under § 705A ☐ applies ☐ has been rebutted.
• Temporary protective conditions include:
  ☐ Supervised contact only
  ☐ No overnight contact
  ☐ Completion of batterer's intervention program
  ☐ Completion of substance abuse counseling
  ☐ Domestic violence seminar attendance
  ☐ Other: [________________________________]

ARTICLE XI — DISPUTE RESOLUTION

11.1 Good-Faith Communication

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

11.2 Mediation

If direct communication fails, the Parties shall participate in mediation (mandatory in Delaware custody proceedings absent domestic violence findings or no-contact orders).

• Mediator: ☐ Family Court mediator ☐ Private mediator: [________________________________]
• Cost: ☐ Shared equally ☐ Other: [________________________________]

11.3 Family Court Intervention

If mediation fails or in emergencies, either Party may petition the Family Court for resolution.

11.4 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 Party's monthly support
• Contempt sanctions (fines and imprisonment)
• Attorney's fee awards
• Police enforcement of custody orders (§ 727)

11.5 Immediate Termination

The Parent may immediately terminate this Agreement if the Temporary Custodian:

• Abuses, neglects, or endangers the child(ren)
• Relocates the child(ren) without authorization
• Refuses to return the child(ren) upon lawful request
• Violates a material term that threatens the child(ren)'s safety

ARTICLE XII — GENERAL PROVISIONS

12.1 Governing Law

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

12.2 Jurisdiction

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

12.3 Temporary Nature Acknowledged

This Agreement is explicitly temporary and does not:

• Affect permanent custody rights
• Establish presumptions for future custody determinations
• Constitute abandonment of parental rights
• Create permanent custodial rights in a non-parent

12.4 Modification

As an interim order, this Agreement may be modified at any time by the Family Court in accordance with § 722 best interest factors (§ 729(a)).

12.5 Severability

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

12.6 Integration

This Agreement constitutes the entire understanding regarding temporary custody.

12.7 Required Forms and Filings

The following shall accompany this Agreement when filed with the Family Court:
☐ Petition for Custody (Form #345) or Motion for Temporary Custody
☐ Custody, Visitation and Guardianship Disclosure Report (Form #364) — to be completed before mediation or 7 days before court appearance
☐ Proof of completion of Parenting Education Class (or enrollment commitment)
☐ Proposed Order for Temporary Custody
☐ If non-parent custodian: Power of Attorney for Minor Child or Caregiver Authorization (if applicable)

12.8 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 Parties affirm that this Agreement is entered into voluntarily, in the best interests of the child(ren), and with the understanding that it is a temporary arrangement.

PARTY A:

Signature: [________________________________]
Printed Name: [________________________________]
Relationship to Child(ren): [________________________________]
Date: [__/__/____]

PARTY B:

Signature: [________________________________]
Printed Name: [________________________________]
Relationship to Child(ren): [________________________________]
Date: [__/__/____]

CONSENT OF ADDITIONAL PARENT (If Applicable)

If a non-parent is designated as Temporary Custodian, the consent of both parents is required (unless parental rights have been terminated or one parent is unavailable).

Additional Parent:

I, [________________________________], the ☐ mother ☐ father of the child(ren) identified above, consent to this temporary custody arrangement. I understand that this is a temporary arrangement and does not affect my parental rights.

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

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

ORDERS that temporary ☐ sole ☐ joint custody is granted to [________________________________] for the period of [__/__/____] through [__/__/____].

☐ ORDERS that this constitutes a trial period under § 727 not to exceed six months, with a review hearing scheduled for [__/__/____].

ORDERS that contact between the child(ren) and [________________________________] shall be as specified in Article IV.

ORDERS that this temporary order may be modified at any time pursuant to § 729(a) in accordance with the best interest factors of § 722.

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 — Temporary custody trial period (up to 6 months); custody rights; military deployment provisions; police enforcement
• Del. Code tit. 13, § 728 — Residence, visitation, and enforcement sanctions
• Del. Code tit. 13, § 729 — Modification of prior orders (interim orders modifiable at any time under § 722)
• Del. Code tit. 13, § 734 — Relocation requirements
• 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/