Who has the right to make decisions about a child’s welfare?

In Delaware, the right to make decisions about a child’s welfare depends on the type of custody arrangement between the parents. Legally speaking, the parents hold joint legal custody, meaning that both parents have the right to be involved in making decisions about the child’s welfare. This includes decisions related to the child’s health, education, and religious upbringing. The parent with whom the child primarily resides is referred to as the primary custodial parent and is usually the parent who will make most of the day-to-day decisions regarding the child. However, if one parent is granted more rights than the other, then that parent will have the ultimate authority in making decisions for the child. The family court may also decide that it is in the best interest of the child to appoint a third party, such as a grandparent or other family member, to make decisions regarding the child’s welfare. In this instance, the court may order that the appointed person have legal and physical custody of the child. No matter who is granted custody, it is important to remember that both of the child’s parents still maintain the legal right to be involved in decisions about the child’s welfare. It is ultimately up to the court to determine the best interests of the child when deciding which parent should have the most authority.

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