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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