Your Delaware Divorce Lawyer Serving Wilmington Newark and all New Castle County
Your Delaware Divorce Lawyer Serving Wilmington Newark and all New Castle County
Often folks have misconceptions about Delaware Child Visitation Law. First, without a custody order the parents have equal rights to the Child. Second, Delaware is generous in the typical situation when it comes to visitation. Delaware has suggested guidelines and while not binding on the court, the court does use them, 13 Del. C. Sec. 728 (a) is the basis, Its states that in cases where the child primarily resides with one parent, the parent visiting in Delaware shall have a schedule of visitation "consistent with the child's best interests and maturity, which is designed to permit and encourage the child to have frequent and meaningful contact with both parents unless the Court finds after a hearing, that contact of the child with one parent would endanger the child's physical health or significantly impair his or her emotional development."
What happens is that folks often think they will agree and never get a schedule together and then one parent becomes disagreeable at the reasonable requests of the other parent or the parent makes unreasonable requests. I this is the case, find out your rights and schedule an appointment with me.
The typical process is that you file a visitation petition. Before you go to trial, you go to a mediation ( if there is no record of abuse) where the court's see if you can resolve your visitation dispute and even if you cannot at that juncture typically the court enters an interim visitation arrangement after the Mediation. If there is a record of abuse, then the court does not do mediations and you should anticipate the court scheduling a status conference where the court in about a 1/2 hour will preliminary address issues and schedule a trial.
appointment by zoom or live or by phone
Gary R. Spritz, Esquire, S, 3511 Silverside Rd., Suite 211 Wilson Building, Wilmington, DE 19810
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