(a) The father and mother are the joint natural guardians of their minor child and are equally charged with the child’s support, care, nurture, welfare and education. Each has equal powers and duties with respect to such child, and neither has any right, or presumption of right or fitness, superior to the right of the other concerning such child’s custody or any other matter affecting the child. If either parent should die, or abandon the family, or is incapable, for any reason, to act as guardian of such child, then, the custody of such child devolves upon the other parent. Where the parents live apart, the Court may award the custody of their minor child to either of them and neither shall benefit from any presumption of being better suited for such award.
(b) This section shall not affect the laws of this State relative to the appointment of a guardian of the property of a minor, or the appointment of a third person as a guardian of the person of the minor where the parents are unsuitable or where the child’s interests would be adversely affected by remaining under the natural guardianship of such child’s parents or parent.
(c) [Repealed.]
35 Del. Laws, c. 191,
§
1;
Code 1935,
§
3576;
13 Del. C. 1953,
§
701;
59 Del. Laws, c. 569,
§
2;
70 Del. Laws, c. 186,
§
1;
72 Del. Laws, c. 451,
§§
2, 3;
77 Del. Laws, c. 43,
§
12;
84 Del. Laws, c. 42,
§
1;
Notes of Decisions
In Re Two Minor Child., 283 A.2d 859 (Del. Ch. 1971).
· cites it 2× “2d 674 (1966); it is weighed, of course, but the welfare of the child is both the objective of and the criterion applied by the Court.”
In Re Erich, 310 A.2d 910 (Del. Ch. 1973).
“Compare 13 Del.C. § 701. Given the availability of blood relatives whom I deem to be qualified, I conclude that the Court should honor the request of Dr.”
Mills v. Davis, 991 A.2d 18 (Del. 2010).
“§ 722(a) directs the Family Court to consider all relevant factors, including: (i) the wishes of the parents; (ii) the wishes of the child; (iii) the interaction of the child with the parents, grandparents and others living in the household; (iv) the child's adjustment to their…”
Brown v. Branch (Del. 2016).
“nd wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child’s best interests; (iv) the child’s adjustment to her home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
Drake v. Orlando (Del. 2017).
“§ 701; (vii) evidence of domestic violence; and (viii) the criminal history of any party or any resident of the household6 (7) On appeal, the Father argues that the F amin Court failed to consider a July 2015 police report describing a physical altercation between the Mother and…”
Worthington v. Bachman (Del. 2017).
“nd wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child’s best interests; (iv) the child’s adjustment to her home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
West v. Carlise (Del. 2017).
“nd wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child’s best interests; (iv) the child’s adjustment to her home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
Nichols v. DSCYF/DFS Sampson v. DSCYF/DFS (Del. 2018).
“nd wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child’s best interests; (iv) the child's adjustment to her home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
Gillis v. Hughes (Del. 2018).
“nd wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child’s best interests; (iv) the child’s adjustment to her home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
Berkley v. Calhoun (Del. 2018).
“nd and wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child's best interests; (iv) the child's adjustment to home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
Hawkins v. DSCYF (Del. 2018).
“nd wife with a parent of the child, and any other residents of the household or persons who may significantly affect the child’s best interests; (iv) the child's adjustment to her home, school, and community; (v) the mental and physical health of all individuals involved; (vi)…”
— 13 Del. C. § 701(a) — 1 case
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