Custody & Visitation

Wilmington, Delaware Child Custody Attorneys

After many years of exclusive practice in family law, the Wilmington and Newark divorce attorneys at Rahaim & Saints have found that child custody is undoubtedly one of the most divisive and contentious issues. The key to a successful resolution is to clearly identify legal goals and then negotiate a resolution that is both legally sound and flexible, accounting for lifestyle changes such as remarriage or relocation.

Unfortunately, child custody and visitation is often used by one parent as a weapon to manipulate or punish the other partner for perceived wrongs in the marriage. At Rahaim & Saints, our lawyers possess a thorough understanding of Delaware child custody statutes, plus a compassionate approach to the highly emotional components of divorce. We work closely with our clients to avoid acrimonious disputes and negotiate or litigate child custody arrangements that are legally sound and always in the best interest of the children.

Our attorneys are strong believers in mediation and other out-of-court solutions to custody disputes. A mediated or negotiated agreement will often be more comprehensive and equitable than a court-ordered solution, and tends to avoid giving the impression that a former partner has “won” during a proceeding. Child custody and child support are based on specific guidelines related to income, employment, location and the more intangible notion of “the best interest of the child”. Our job at Rahaim & Saints is to properly interpret Delaware law and apply it to your unique situation.

Custody Agreements or Custody Litigation

An out-of-court resolution often involves joint legal custody (shared responsibility for decisions about education, health and welfare) and may also include shared residency, with the child spending an equal or nearly equal number of overnights with each parent. Shared physical custody significantly reduces child support obligations.

When a reasonable agreement cannot be achieved, our attorneys will fight hard to represent you in your attempts to protect your children, using any resources necessary. Based on recommendations of a custodial evaluator, the court must decide who will get primary residential custody, whether a shared arrangement is appropriate as well as a visitation schedule. The court may elect to base parenting time on the Standard Visitation Guidelines. In contested cases, we can bring in child psychologists and other experts in an effort to convince the court that you should have primary custody, full legal custody, or more visitation than is called for in the guidelines.

Related Custody and Family Law Issues

We also assist in the filing and expediting of post-judgment decree modifications and PFA (Protection from Abuse) orders when violence is present in the relationship. We can represent you in modifying the parenting schedule to reflect a change in circumstances and relocation cases which are typically prohibited in the custody agreement and need further court involvement.

Call our Wilmington office (302-892-9200) and Newark office (302-832-1800) today for a consultation and overview of your rights related to child custody.