{"data":{"id":"us-de/13-del.-c.-722","jurisdiction":"us-de","citation":"13 Del. C. § 722","heading":"Best interests of child.","body":"(a) The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:\n(1) The wishes of the child’s parent or parents as to such child’s custody and residential arrangements;\n(2) The wishes of the child as to such child’s custodian or custodians and residential arrangements;\n(3) The interaction and interrelationship of the child with such child’s parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best interests;\n(4) The child’s adjustment to such child’s home, school and community;\n(5) The mental and physical health of all individuals involved;\n(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;\n(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and\n(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.\n(b) The Court shall not presume that a parent, because of such parent’s sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child’s primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect such parent’s relationship with the child.","path":["Title 13. Domestic Relations","CHAPTER 7. Parents and Children","Subchapter II. Custody Proceedings"],"source_url":"https://delcode.delaware.gov/title13/c007/sc02/index.html#722","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:16Z","sha256":"5efb44bc6e7184a6de9101cd7817787d088d5e33bbe3419d30d7bfce00f8b4dc","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-721","next":"us-de/13-del.-c.-723"},"notice":"GroundRules: Original legal text. Not legal advice."}