HB434 • 2025

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CUSTODY PROCEEDINGS.

Children Education

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Harris
Last action: 2026-05-21
Official status: House Judiciary 5/21/26
Effective date: Not listed

Plain English Breakdown

The bill text lists specific grounds for rebutting the presumption, but does not define 'clear and convincing evidence' beyond standard legal usage.

HB434: Changes to Delaware Custody Rules for Parents Living Near Each Other

This bill creates a rule that courts should split parenting time equally between parents if they both live within 25 miles of the child's school or daycare, unless specific problems are proven.

What This Bill Does

Creates a presumption that courts must order equal parenting time when both parents live within 25 miles of the child's school, preschool, daycare, or another reasonable location determined by the court.
Allows this rule to be changed if clear and convincing evidence shows it is not in the best interest of the child due to safety, health, substance misuse, mental health issues, refusal to share responsibilities, logistical barriers, or failure to meet educational needs.
Requires courts to write down specific facts and reasons based on clear and convincing evidence if they decide against equal parenting time.
Permits parents to agree on a different schedule that does not split time equally if the court finds it serves the child's best interests.

Who It Names or Affects

Parents involved in custody cases in Delaware courts
Children whose parents are deciding on living and visitation schedules
Judges who make decisions about family law matters

Terms To Know

Rebuttable presumption: A rule that the court must follow unless someone proves with clear and convincing evidence why it should not apply in a specific case.
Equal parenting time: Splitting the amount of time a child spends with each parent so both parents have roughly the same share.

Limits and Unknowns

The bill does not define exactly what counts as an 'other reasonable location' determined by the court.
It is unclear how courts will measure distance if a child attends multiple schools or daycares in different locations.

Bill History

2026-05-21 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CUSTODY PROCEEDINGS.
This Act creates a rebuttable presumption that the Court shall order equal parenting time if the parties live within 25 miles of the child’s daycare or school. Equal parenting time may be amended if it is determined a parent is not tending to the child’s health or educational needs.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Harris & Sen. Buckson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 434

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CUSTODY PROCEEDINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 727, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 727. Custody.

(c) Any custody order entered by the Court shall include a contact schedule by the child with both parents which shall control absent parental modification by written agreement.

The contact schedule is governed by § 728 of this title.

Section 2. Amend § 728, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 728. Residence; visitation; sanctions.

(a)

(1)

The Court shall determine, whether the parents have joint legal custody of the child or 1 of them has sole legal custody of the child, with which parent the child shall primarily reside and a schedule of visitation with the other parent, consistent with the child’s best interests and

maturity, which is designed to permit and encourage the child to have frequent and meaningful contact with both parents

maturity. There is a rebuttable presumption as described under paragraph (a)(2) of this section that the Court shall allocate equal parenting time to both parents in the event both parents reside within 25 miles of the child’s daycare, pre-school, school, or other reasonable location determined by the Court. If the rebuttable presumption of equal parenting time under paragraph (a)(2) of this section is overcome, then the court may make provisions for parenting time that the court finds are in the best interest of the child.

unless the

If the

Court finds, after a hearing, that contact of the child with 1 parent would endanger the child’s physical health or significantly impair such child’s emotional

development.The

development, then the

Court shall specifically state in any order denying or restricting a parent’s access to a child the facts and conclusions in support of such a denial or restriction.

(2) When determining the allocation of parenting time there is a rebuttable presumption that it is in the best interest of the child to allocate equal parenting time if the Court finds clear and convincing evidence that both parents reside within 25 miles of the child’s daycare, pre-school, school, or other reasonable location determined by the Court.

(3) A party may rebut the presumption of equal parenting time by clear and convincing evidence that it is not in the best interest of the child on the following grounds:

a. A party is not willing, able, or fit to exercise equal parenting time.

b. A party was found guilty of child abuse or a crime for which the underlying factual basis has been found by a court on the record to include an act of domestic violence.

c. A substantiated history of personal substance misuse or alcohol misuse that impairs a party’s parenting fitness.

d. A substantiated history of a behavioral or mental health disorder that impairs a party’s parenting fitness.

e. A party’s substantiated pattern of behavior that demonstrates a failure or refusal to share parental responsibilities.

f. A party’s substantiated pattern of behavior that demonstrates a failure or refusal to encourage the child’s relationship with the other party.

g. There are significant geographic or logistical barriers that inhibit equal parenting time.

(4) When the Court makes a determination concerning a motion to rebut the presumption described in this subsection, the Court must make specific, written findings of fact and specify the clear and convincing evidence on which it relied in making this determination.

(5) If the parties agree to parenting time provisions that do not constitute equal parenting time then the Court shall allocate parenting time consistent with the parties’ agreement if the Court determines the agreement is in the best interest of the child.

(6) Equal parenting time may be amended if a parent is not tending to the child's health or educational needs.

SYNOPSIS

This Act creates a rebuttable presumption that the Court shall order equal parenting time if the parties live within 25 miles of the child’s daycare or school. Equal parenting time may be amended if it is determined a parent is not tending to the child’s health or educational needs.