Del. C. » Title 13 — · CHAPTER 7. Parents and Children · Domestic Relations
Delaware Code

13 Del. C. § 722 (2026)

Best interests of child

✓ current as of May 2026
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(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:

(1) The wishes of the child’s parent or parents as to such child’s custody and residential arrangements;

(2) The wishes of the child as to such child’s custodian or custodians and residential arrangements;

(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;

(4) The child’s adjustment to such child’s home, school and community;

(5) The mental and physical health of all individuals involved;

(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;

(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and

(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.

(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.

59 Del. Laws, c. 569, §  4;  67 Del. Laws, c. 236, §§  2, 3;  69 Del. Laws, c. 309, §  3;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 311, §  1;  84 Del. Laws, c. 42, § 1; 
Notes of Decisions
Cited in 150 cases (64 in the last 5 years), 1980–2026 · leading case: Grant v. Grant, 173 A.3d 1051 (Del. 2017).
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Grant v. Grant, 173 A.3d 1051 (Del. 2017). “It found that, although most of the best interest factors set forth in 13 Del C. § 722 favored neither party, “permitting some level of contact with Grandparents [was] in the best interests of the children.”
Ralston v. Div. of Servs. for Child., Youth & Their Families (Del. 2023). · cites it 10× “In fact, Mother introduced testimony from Francis that bore on several 98 See TPR Order at 32 (“Therefore, the Court finds [the Department] established by clear and convincing evidence under 13 Del. C. § 722 that it is in [the Child’s] best interest to terminate [Mother’s] and…”
Briggs v. Dep't of Servs. for Child., Youth & Their Families/Div. of Fam. Servs. (Del. 2023). · cites it 7× “Second, she contends the Family Court abused its discretion by improperly weighing the evidence while evaluating best interests factors three, five, six, and eight under 13 Del. C. § 722(a) and ultimately finding that termination was in the best interests of the Child.”
R. a. D. v. M. E. Z., 414 A.2d 211 (Del. Super. Ct. 1980). “Nor is there any doubt that the wishes of a child as to his or her custodian is of major concern in custody proceedings [13 Del.C. § 722(a)(2)]. Thus the Supreme Court in duPont v.”
Wilcox v. LaClaire (Del. 2021). · cites it 5× “1991) (citing to 13 Del. C. §§ 722, 728); Winter v. Charles, 608 A.”
West v. Moody (Del. 2024). · cites it 5× “Following remand for the Family Court to set forth its reasoning, including analysis of the best- interest factors under 13 Del. C. § 722, for the Custody Order or to direct preparation of a transcript of the custody hearing if the Family Court had given its reasoning during the…”
Tanner v. Tolbert (Del. 2016). · cites it 4× “2 (5) In a written order dated March 9, 2015, the Family Court concluded that all of the best interest factors under 13 Del. C. § 722 were neutral as to the parents.”
Jarvis v. Mole & Band (Del. 2020). · cites it 4× “(6) On appeal, the Former Step-Grandfather argues that the Family Court erred by failing to analyze the best-interest factors under 13 Del. C. § 722 and by determining that the Former Step-Grandfather did not meet his burden of proving, by clear and convincing evidence, that the…”
Schnell v. Dep't of Servs. for Child., Youth & their Families (Del. 2025). · cites it 4× “’s best interests, as defined by 13 Del. C. § 722, that the court terminate Father’s parental rights.”
Bower v. Dep't of Servs. for Child. (Del. 2016). · cites it 3× “Mother also testified that when she is released from prison, she plans to live with her parents, who have guardianship of her youngest child, Ashley, and that there is room at her parents’ house for Jeffrey and Macy.”
Miller-Howard v. Mason (Del. 2016). · cites it 3× “4 The criteria for determining the best interests of the child are set forth in 13 Del. C. § 722. The Family Court must balance those criteria according to the factual circumstances presented in each case.”
Drake v. Orlando (Del. 2017). · cites it 3× “The criteria for determining the best interests of a child are set forth in 13 Del. C. § 722. The best interest factors include: (i) the wishes of the parents regarding the child’s custody and residential arrangements; (ii) the wishes of the child regarding her custodians and…”
Show all 150 citing cases →
— 13 Del. C. § 722(a) — 57 cases
Ralston v. Div. of Servs. for Child., Youth & Their Families (Del. 2023). “In fact, Mother introduced testimony from Francis that bore on several 98 See TPR Order at 32 (“Therefore, the Court finds [the Department] established by clear and convincing evidence under 13 Del. C. § 722 that it is in [the Child’s] best interest to terminate [Mother’s] and…”
Briggs v. Dep't of Servs. for Child., Youth & Their Families/Div. of Fam. Servs. (Del. 2023). “Second, she contends the Family Court abused its discretion by improperly weighing the evidence while evaluating best interests factors three, five, six, and eight under 13 Del. C. § 722(a) and ultimately finding that termination was in the best interests of the Child.”
Tremont v. Tremont (Del. 2021).
Smith v. Doe, 962 A.2d 918 (Del. 2008).
Acorn & Malic III v. Laymen (Del. 2019).
— 13 Del. C. § 722(a)(1) — 11 cases
Bower v. Dep't of Servs. for Child. (Del. 2016). “Mother also testified that when she is released from prison, she plans to live with her parents, who have guardianship of her youngest child, Ashley, and that there is room at her parents’ house for Jeffrey and Macy.”
Dunham v. DSCYF & Off. of the Child Advocate (Del. 2016).
Harris v. Price (Del. 2016).
Warner v. DSCYF (Del. 2016).
Branch v. DFS & Court Appointed Special Advocate (Del. 2017).
— 13 Del. C. § 722(a)(2) — 4 cases
R. a. D. v. M. E. Z., 414 A.2d 211 (Del. Super. Ct. 1980). “Nor is there any doubt that the wishes of a child as to his or her custodian is of major concern in custody proceedings [13 Del.C. § 722(a)(2)]. Thus the Supreme Court in duPont v.”
Mason v. DFS & Off. of Child Advocate (Del. 2018).
R. a. D. v. M. E. Z., 414 A.2d 211 (Del. Super. Ct. 1980).
Rad v. Mez, 414 A.2d 211 (Del. Super. Ct. 1980).
— 13 Del. C. § 722(a)(3) — 2 cases
Bower v. Dep't of Servs. for Child. (Del. 2016). “Mother also testified that when she is released from prison, she plans to live with her parents, who have guardianship of her youngest child, Ashley, and that there is room at her parents’ house for Jeffrey and Macy.”
Ralston v. Div. of Servs. for Child., Youth & Their Families (Del. 2023). “In fact, Mother introduced testimony from Francis that bore on several 98 See TPR Order at 32 (“Therefore, the Court finds [the Department] established by clear and convincing evidence under 13 Del. C. § 722 that it is in [the Child’s] best interest to terminate [Mother’s] and…”
— 13 Del. C. § 722(a)(4) — 1 case
Price v. Boulden (Del. 2014).
— 13 Del. C. § 722(a)(5) — 1 case
Ralston v. Div. of Servs. for Child., Youth & Their Families (Del. 2023). “In fact, Mother introduced testimony from Francis that bore on several 98 See TPR Order at 32 (“Therefore, the Court finds [the Department] established by clear and convincing evidence under 13 Del. C. § 722 that it is in [the Child’s] best interest to terminate [Mother’s] and…”
— 13 Del. C. § 722(a)(6) — 2 cases
Wilcox v. LaClaire (Del. 2021). “1991) (citing to 13 Del. C. §§ 722, 728); Winter v. Charles, 608 A.”
Lincoln v. Oxley (Del. 2025).
— 13 Del. C. § 722(a)(7) — 1 case
West v. Moody (Del. 2024). “Following remand for the Family Court to set forth its reasoning, including analysis of the best- interest factors under 13 Del. C. § 722, for the Custody Order or to direct preparation of a transcript of the custody hearing if the Family Court had given its reasoning during the…”
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