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In Delaware, parents may share physical custody of their child, called joint custody. In these cases, both parents must work together to make decisions about the child's schooling, church attendance, medical care and other legal details. In other cases, the court may grant one parent sole custody of their child.

If a parent desires to have a specific contact schedule with the child, a Petition for Visitation (form #350) may be filed. When a Petition for Visitation (form #350) is filed in Family Court, a Preliminary Injunction is served immediately on the petitioner and on the respondent with service of the petition.

The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.

Under Delaware law, whether parents have joint legal custody or one parent has sole legal custody of a child, each parent has the right to receive, when requested from the other parent, all material information concerning the child's progress in school, medical treatment, school activities and conferences, religious ...

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Based on this a married fathers rights over a child include the rights to make decisions concerning the legal matters, as well as educational, health and welfare and religious matters. A father's rights over a child will also require him to provide food, clothes and shelter for his child.