Jump To Navigation

Child Custody & Visitation

Protecting Your Parental Rights in a Custody Dispute

When a relationship ends, it is very common for a parent to experience feelings of anxiety, sadness and desperation as he or she copes with the prospect of losing custody of their children.

As a parent, I understand how overwhelming it can be to face such fears. I strongly believe that in most circumstances, parents are better off trying to work out a mutually acceptable agreement in these situations. It allows you to maintain more control over the ultimate solution rather than risk leaving decisions up to someone who is unfamiliar with your family's unique situation.

I am Amy Butler, a family law attorney with Carucci Butler, LLC, in Wilmington, Delaware. I have built my family law practice on my ability to effectively negotiate favorable solutions to sensitive child custody and visitation disputes. However, when an amicable agreement cannot be reached, I am more than willing to fight for my client's parental rights in family court.

Delaware Child Custody Laws

Determining child custody after a divorce is not as simple as she gets the kids or he gets the kids. When awarding custody, the court will carefully consider what is in the best interests of the children. In most cases, Delaware courts believe it is in the best interests of the children. In Delaware, child custody has two primary components:

  • Legal custody: Legal custody is the ability to participate in major decisions regarding the child, including those involving education, health care and other important matters. Regardless of where the child lives, it is often in his or her best interests for both parents take an active role in their upbringing. In most situations, it is most appropriate for the parents to share legal custody.
  • Residential placement (physical custody): Residential placement involves where the child lives. It can be primarily with either parent or it can be shared.

By resolving custody issues through mediation, agreements can be creative and account for the needs of both the parents and children. However, if the other party refuses to compromise on child custody and parenting time/visitation, I have the experience and determination to protect your rights at trial.

Contact me by phone at 302-397-3798 or by e-mail to discuss your concerns about child custody and to learn how a caring family lawyer can make a difference.