Delaware Office of the Child Advocate

Custody & Visitation · Delaware · 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.

Contact & Details

Address: 900 King St, Suite 210, Wilmington, DE 19801

Phone: (302) 255-1730

Hours: Mon-Fri 8:30am-4:30pm

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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.

More Custody & Visitation in Delaware

  • Legal Services Corporation of Delaware — Free civil legal services including custody representation for qualifying low-income fathers and families in Delaware. Attorneys assist with
  • Delaware Family Court Mediation — Court-sponsored mediation services for parents working to resolve custody and visitation disputes without full litigation. Trained neutral m
  • Delaware Self-Help Center — Assists self-represented parents with custody filings, court forms, and Family Court procedures in Wilmington. Staff guide fathers through p
  • Delaware Custody Laws — Title 13 Ch 7 — Official text of Delaware custody statutes under Title 13, Chapter 7, including best-interest factors and shared parenting provisions. Fathe
  • Cordell & Cordell — Delaware — National fathers' rights law firm with Delaware attorneys handling custody litigation, modifications, and divorce matters from a Wilmington
  • Delaware Legal Help Link — Online portal connecting Delawareans to free legal information, court forms, and referrals for family law matters including custody, child s

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.