Delaware Divorce with Children
Everything you need to know about divorce with children in Delaware — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in Delaware
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
Delaware courts consider multiple factors when determining custody arrangements:
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Child Support in Delaware
Delaware uses the Melson Formula, a variation of the Income Shares model, for calculating child support. The Melson Formula is unique to Delaware and accounts for: (1) a self-support allowance for each parent before determining income available for support; (2) the children's primary support needs based on both parents' combined adjusted income; and (3) a Standard of Living Adjustment (SOLA) that allows children to benefit from parents' higher income after basic needs are met. Form 509 is the official worksheet. The formula considers both parents' net incomes after allowable deductions, health insurance premiums, and childcare costs.
Official Delaware child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| Affidavit of Children's Rights | Affidavit of Children's Rights |
| Form 509 | Delaware Child Support Formula Worksheet |
Mandatory Parenting Course
Delaware requires both parents to complete a parenting education course when filing for divorce with minor children.
Under Delaware Family Court Rule, both parents in divorce cases involving minor children under 18 must attend a certified parenting education course (typically 6-8 hours). Each county operates its own program with fees capped at $100 per parent (usually around $50). The course educates parents about the effects of divorce on children and strategies to minimize harm.
Typical cost: $50
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Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related Delaware forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.