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How can I obtain 50/50 custody

Wilmington, DE |

I have ever other weekened and 3 to 6 hours during the week I would like to have my child 50percent of the time instead. What do I need to know about how to obtain 50/50 custody of my child? My ex will not agree to 50/50! Does she have to agree? What should I do
We have joint custody now

Attorney Answers 1


In Delaware, custody and residency are different. Custody has to do with the legal decision-making power and residency is who the child lives with. Depending on how long its been since your last custody Order, the Family Court looks at the best interests of the child (13 Delaware Code 722) in determining legal custody and residential placement. Those factors attempt to cover every area of a child's life, so no one can guarantee how the Judge will decide your case. You should consult an attorney who can help make your case in Court.

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