AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CUSTODY PROCEEDINGS.
HB434 amends Delaware’s custody laws to create a rebuttable presumption in favor of equal parenting time when both parents live within 25 miles of the child’s daycare, preschool, school, or another location the court deems reasonable. The bill directs the court to include a contact schedule in custody orders and ties that schedule to the visitation framework in Title 13, Section 728.
Under the bill, equal parenting time would be the default starting point, but a parent could rebut that presumption by clear and convincing evidence showing that equal time is not in the child’s best interest. The bill lists several grounds for rebuttal, including unfitness, child abuse or domestic violence, substance misuse, mental health or behavioral issues affecting parenting fitness, failure to share parental responsibilities, failure to encourage the child’s relationship with the other parent, and significant geographic or logistical barriers. Courts would also be required to make specific written findings when denying or limiting equal parenting time, and agreed parenting plans that differ from equal time could still be approved if the court finds them in the child’s best interest.
The bill would significantly change Title 13 custody proceedings by shifting the starting presumption toward equal parenting time in qualifying cases, while preserving judicial discretion to depart from that presumption based on evidence and the child’s best interests. It would also require more detailed court findings when equal parenting time is denied or restricted, and it would allow modification of equal parenting time if a parent is not meeting the child’s health or educational needs. The affected parties are divorcing or separated parents, children subject to custody orders, and family court judges applying Delaware custody standards.
The available materials suggest the bill is framed positively as a child-centered custody reform intended to promote frequent and meaningful contact with both parents. The synopsis emphasizes equal parenting time and the ability to amend arrangements when a parent is not meeting the child’s needs, indicating support for shared parenting as a default rule. No committee transcript or vote record is provided, so there is no documented public debate or recorded opposition in the supplied materials.
The main point of contention inherent in the bill is the shift from individualized custody determinations to a rebuttable presumption favoring equal parenting time, which could be viewed as limiting judicial flexibility in some cases. Potential concerns also arise around the 25-mile threshold, the evidentiary standard of clear and convincing evidence, and whether the listed rebuttal grounds adequately capture all situations where equal time may not serve a child’s best interests. Supporters would likely emphasize consistency and shared parenting, while critics may worry about cases involving conflict, logistics, or nuanced family circumstances that do not fit neatly within the statutory factors.