Family Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the best interests of the child. But what does that consideration entail?
The presiding judge is required to consider all relevant factors, including eight specifically enumerated factors set forth in Section 722 of Title 13 of the Delaware Code. The enumerated factors are:
While these factors must all be considered in each case, the judge is not required to give each factor equal weight. Rather, as the Delaware Supreme Court held in Fisher v. Fisher, 691 A.2d 619, the best interests factors are to be balanced in accordance with the factual circumstances of the evidence presented to the Family Court.