How does the court decide which parent should have primary custody?
In Delaware, a court typically decides which parent should have primary custody by looking at the best interests of the child. The court will consider several factors in its decision, such as the parents’ ability to provide a safe and stable home, the parents’ physical and mental health, the parents’ ability to work together to make decisions about the child, and the child’s preference. The court may also review evidence regarding the parents’ general lifestyle, such as their living arrangements, religious beliefs, criminal history, and substance abuse. Additionally, the court will review any existing relationships the child has with siblings, extended family, or other close relationships. In Delaware, the court tries to maintain the natural relationship between the child and its parents, which means that the court tries to keep the child in contact with both parents. The court may grant joint custody or physical custody to one parent, but will typically grant both parents legal custody. This means that both parents must agree on decisions regarding the child’s education, health care, and extracurricular activities. Ultimately, the court’s decision will be based on what is in the child’s best interest. It is important for both parents to present their case in court in order to demonstrate why they should be the one granted primary custody.
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