Do I need a lawyer to file for custody?

No. Every state has self-represented (pro se) filing options, and most county courthouses have a Family Law Facilitator or Self-Help Center that provides forms and guidance at no cost. A lawyer is strongly recommended if the case is contested, involves abuse allegations, or requires relocation or interstate issues.

How is 'best interest of the child' actually decided?

Judges weigh factors including each parent's ability to provide stability, the child's relationship with each parent, any history of violence or substance abuse, the child's preference (usually after a certain age), work schedules, and each parent's willingness to support the other's relationship with the child. Specific factors are listed in each state's custody statute.

Can I get 50/50 custody as a father?

Yes. Most states now have a presumption of — or strong preference for — joint legal and joint physical custody when both parents are fit and engaged. Fathers who show consistent involvement, stable housing, and willingness to coordinate with the mother have strong odds of receiving substantial parenting time, up to 50/50.

What if my ex violates the custody order?

File a Motion for Contempt or a Motion to Enforce with the court. Document every missed exchange, refused visit, or violation with dates, times, messages, and witnesses. Most courts treat repeated violations seriously, with remedies ranging from make-up time to modification of custody to sanctions.

Custody & Visitation in Delaware

8 verified resources.

About Custody & Visitation for Fathers

Custody and visitation cases are handled at the state and county level, typically through each state's family court or unified family division. Every state follows some version of the 'best interest of the child' standard, but the specifics — how judges weigh parental fitness, how parenting time is structured, how modifications are granted — vary widely. Most states have free self-help centers inside their main courthouses where fathers can get forms, file paperwork, and receive guidance without hiring an attorney. National organizations like the ABA, Cordell & Cordell, and various fathers' rights groups supplement local resources. This directory combines official state court self-help portals, county-level family law facilitators, private family law firms that represent fathers, and fatherhood advocacy organizations — all verified and up to date.

Custody & Visitation in Delaware

Delaware Family Court handles custody, visitation, and child support statewide through three county courthouses (New Castle, Kent, Sussex). The Division of Child Support Services operates under DSS. Delaware's small size means one consistent state system. Community Legal Aid Society (CLASI) and Legal Services Corporation of Delaware offer free legal representation.

8 Resources

1. Legal Services Corporation of Delaware — Free

Free civil legal services including custody representation for qualifying low-income fathers and families in Delaware. Attorneys assist with custody petitions, visitation disputes, and related family court matters at the Wilmington office. First visit typically requires photo ID, proof of income such as recent pay stubs, and any existing court orders or filings to confirm eligibility and begin intake.

(302) 575-0408 · 100 W 10th St Suite 203, Wilmington, DE 19801 · Mon-Fri 8:30am-4:30pm · Visit Website

2. Delaware Family Court Mediation — Free

Court-sponsored mediation services for parents working to resolve custody and visitation disputes without full litigation. Trained neutral mediators help fathers and mothers reach workable parenting plans at the Wilmington Family Court. Parties should bring photo ID, existing custody orders, proposed schedules, and any relevant documentation about the children's routines. Free for families with open cases.

(302) 255-0300 · 500 N King St, Wilmington, DE 19801 · Mon-Fri 8:30am-4:30pm · Visit Website

3. Delaware Self-Help Center — Free

Assists self-represented parents with custody filings, court forms, and Family Court procedures in Wilmington. Staff guide fathers through paperwork but do not give legal advice. Bring photo ID, copies of any existing orders, your children's birth certificates, and relevant case numbers. Walk-ins accepted during weekday business hours, and phone guidance is available for procedural questions statewide.

(302) 255-0848 · 500 N King St, Wilmington, DE 19801 · Mon-Fri 8:30am-4:30pm · Visit Website

4. Delaware Custody Laws — Title 13 Ch 7 — Free

Official text of Delaware custody statutes under Title 13, Chapter 7, including best-interest factors and shared parenting provisions. Fathers can review the full code online at any hour to prepare for hearings, understand parental rights, and identify standards courts apply. The site is free, does not require registration, and is useful as background reading before consulting an attorney or mediator.

Online 24/7 · Visit Website

5. Cordell & Cordell — Delaware — Paid

National fathers' rights law firm with Delaware attorneys handling custody litigation, modifications, and divorce matters from a Wilmington office. The firm focuses specifically on representing dads in family court and offers paid consultations by appointment. Bring photo ID, existing court orders, financial records, and a written timeline of custody issues to make your initial meeting as efficient as possible.

866-323-7529 · Wilmington, DE · Mon-Fri 8am-5pm · Visit Website

6. Delaware Office of the Child Advocate — Free

Independent state office advocating for the interests of Delaware children in court proceedings, especially in abuse, neglect, and high-conflict custody cases. Works alongside but separately from Family Court and social services. Fathers whose cases involve a child advocate can contact the Wilmington office during weekday hours to understand the advocate's role and provide relevant information about their children.

(302) 255-1730 · 900 King St, Suite 210, Wilmington, DE 19801 · Mon-Fri 8:30am-4:30pm · Visit Website

7. Delaware Legal Help Link — Free

Online portal connecting Delawareans to free legal information, court forms, and referrals for family law matters including custody, child support, and protective orders. Fathers can browse topic pages, download forms, and request referrals to legal aid providers across all three counties. The site operates around the clock and does not require ID to browse, making it a useful first stop before any court filing.

Online 24/7 · Visit Website

8. Parents as Teachers — Delaware — Free

Home visiting program supporting Delaware parents with custody transitions, parenting skills, and child development from birth to kindergarten. Trained parent educators visit homes by appointment and provide age-specific coaching. Fathers navigating new custody or shared-parenting schedules can request enrollment through local affiliates. Bring photo ID and birth certificates at intake; the program is free for qualifying families.

866-728-4968 · Delaware affiliates · By appointment · Visit Website

Custody & Visitation — Common Questions

Do I need a lawyer to file for custody?: No. Every state has self-represented (pro se) filing options, and most county courthouses have a Family Law Facilitator or Self-Help Center that provides forms and guidance at no cost. A lawyer is strongly recommended if the case is contested, involves abuse allegations, or requires relocation or interstate issues.
How is 'best interest of the child' actually decided?: Judges weigh factors including each parent's ability to provide stability, the child's relationship with each parent, any history of violence or substance abuse, the child's preference (usually after a certain age), work schedules, and each parent's willingness to support the other's relationship with the child. Specific factors are listed in each state's custody statute.
Can I get 50/50 custody as a father?: Yes. Most states now have a presumption of — or strong preference for — joint legal and joint physical custody when both parents are fit and engaged. Fathers who show consistent involvement, stable housing, and willingness to coordinate with the mother have strong odds of receiving substantial parenting time, up to 50/50.
What if my ex violates the custody order?: File a Motion for Contempt or a Motion to Enforce with the court. Document every missed exchange, refused visit, or violation with dates, times, messages, and witnesses. Most courts treat repeated violations seriously, with remedies ranging from make-up time to modification of custody to sanctions.