Quick answer: Delaware decides legal custody and residence on the child’s best interests, with no presumption for either parent, and every custody order includes a contact schedule. For child support, overnights set a tier: 79 or fewer, 0%; 80 to 124, 10%; 125 to 163, 30%; and 164 or more is shared placement.
This Delaware parenting time calculator turns a schedule into overnights a year and shows the child support tier each parent falls in under the court’s instructions at the Delaware Family Court child support instructions. Enter the overnights in a 14-day cycle and any extra nights: the result is arithmetic, and the court decides custody and support.
Delaware parenting time and custody rules at a glance
| Rule | What Delaware says |
|---|---|
| Best interests | The court decides legal custody and residential arrangements on the child’s best interests, with eight listed factors (13 Del. C. 722(a)) |
| No sex-based presumption | The court may not presume that a parent, because of sex, is better qualified to be a joint or sole legal custodian or primary residential parent (722(b)) |
| Contact schedule | Every custody order includes a contact schedule that controls absent a written agreement of the parents (727(c)) |
| Schedule goal | A schedule designed to permit and encourage frequent and meaningful contact with both parents unless it would endanger the child (728(a)) |
| Child support tiers | 79 or fewer overnights 0%; 80 to 124 10%; 125 to 163 30%; 164 or more shared placement (Family Court instructions) |
| Moving | In custody litigation, a relocation of 60 days or more outside Delaware, or one that materially affects the arrangement, triggers eight factors (734) |
How do custody and parenting time work in Delaware?
- Joint or sole custody. See joint versus sole custody in Delaware.
- Schedules. See parenting time schedules in Delaware.
- Moving with a child. See moving away with a child in Delaware.
What does this parenting time calculator check?
You enter the overnights the other parent has in a typical 14-day cycle and any extra overnights a year, such as summer and holidays. The calculator scales the cycle to 365 nights, adds the extras, and shows the overnights and percentage for each parent and the support tier each falls in. The tiers use the overnights in the contact order or agreement. It does not calculate child support: use the Delaware child support calculator for that, and the Delaware divorce timeline calculator for the dates of the case.
Frequently asked questions
Does Delaware presume equal parenting time?
No. The court decides on the child’s best interests and may not presume a parent is better qualified because of sex.
How many overnights is shared placement in Delaware?
For child support, 164 or more overnights with each parent.
What is the Delaware parenting time adjustment for 130 overnights?
A parent with 125 to 163 overnights falls in the 30% tier.
Does a Delaware custody order include a schedule?
Yes. Every custody order includes a contact schedule that controls absent a written agreement.
Does this Delaware calculator set child support?
No. It counts overnights and shows the tier; the Delaware child support calculator estimates the guideline amount.