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Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:
(1) preference of the child; (2) the wishes of the parents; (3) the child's adjustment to his or her home, school, and community; (4) the mental and physical health of all individuals involved; (5) the relationship of the child with parents, siblings, and other significant family members; and (6) the past and present compliance by both parents with the duty to support the child. The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent's sex.
In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children's rights. The list of rights must be included in the affidavit. The children's rights are: (1) the right to a continuing relationship with both parents; (2) the right to be treated as an important human being, with unique feelings, ideas, and desires; (3) the right to continuing care and guidance from both parents; (4) the right to know and appreciate what is good in each parent without 1 parent degrading the other; (5) the right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent; (6) the right to know that the parents' decision to divorce was not the responsibility of the child; (7) the right not to be a source of argument between the parents; (8) the right to honest answers to questions about the changing family re
[Delaware Code Annotated; Title 13, Chapters 722 and 1507].
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