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Child Custody Preference Age in Delaware

Delaware names no age; the court considers the child's wishes about custodians and residential arrangements as one best interests factor.

Last checked . General information, not legal advice.

Delaware at a glance

Age named in statute
No age named
How the preference is weighed
Child's wishes are a required best interests factor
Preference can be decisive
No, one factor among many

Sources

Last checked

The rules in Delaware

At what age does a child's custody preference count in Delaware?

Age named in statute in Delaware: No age named.

How do courts in Delaware weigh a child's custody preference?

How the preference is weighed in Delaware: Child's wishes are a required best interests factor.

Can a child's preference decide custody in Delaware?

No, one factor among many. Preference can be decisive in Delaware: no, one factor among many.

Where do the Delaware child custody preference laws come from?

The rules above come from Del. Code tit. 13, 722(a)(2). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.