In cases of child custody regardless of whether or not there is a disagreement between parental parties, the Court is going to evaluate what is in the best interest of the child as it relates to living arrangements, schooling and relationships. So what does the Court take into account when determining the question of custody of children? Actually, the answer is defined fairly clearly by Title 13 of the Delaware Code.
The court is going to look at a number of factors including but not limited to the wishes of the child. Who does he or she prefer to live with? Is there a reason that the child does not want to live with one parent or another? The Court will also assess the wishes of the parents. If the parents have already agreed on arrangements, as is often the case, the Court will likely adopt such arrangements into the decision, except in cases where there is a history of abuse. If it proven that there is a history of abuse of the child or one of the parents by the other parental party, the the responsibility of the Court is to take this into consideration in order to ensure the safety of the child. In cases such as these, often the rights of a parent will be very limited when it comes to visitation let alone custody. Other factors may include the criminal history of a parent, the physical and mental health of a child as it relates to relocating to a new community and much more.
What is consistent is that the Court is tasked with evaluating all of the factors that influence what is in the best interest of a child as it pertains to his or her living situation, schooling and relationships with family and social group. If you have any questions about child custody, it is important that you speak with a lawyer who understands custody laws in Delaware Courts. To learn more, call our offices today!
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This past week, Governor Markell signed a bill modifying the requirements for mandatory minimums, thus freeing up judges to use their own discretion specifically regarding crimes of a non-violent nature. Previously, several drug felonies were lumped in as violent felonies. Those felons with multiple convictions could easily find themselves on the wrong side of a “three strikes” sentence and a judge would have no opportunity to rule for anything other than a life sentence. The passage of Senate Bill 163 eliminates these drug felonies from being deemed “violent felonies” and puts some freedom in the hands of judges to make exceptions when handing down sentences.
In a statement, Attorney General Matt Denn said that the aim of this legislation was to “address some irrational and disproportionate minimum mandatory jail sentences — such as one that provides the same minimum mandatory sentence for someone who burglarizes a house as for someone who commits murder.”
Finally, it should be noted that moving forward, those who were convicted and sentenced under old statutes have a right to petition for a modification of their sentence.
Read MoreAs many of you know, our firm has been growing in a number of ways these past few years and that trend continues with the addition of our newest associate, Jenna L. Stayton. Jenna is a Delaware native and comes to us (like so many amazing attorneys in our area) from Widener University Delaware Law School where she received her juris doctorate in 2012. Over the past few years, Jenna has spent time clerking for the Family Court of the State of Delaware under former a Chief Judge. Moving forward, she will focus her expertise in the areas of real estate, drafting residential leases, landlord tenant matters, all aspects of estate planning as well as various areas of civil law. We count ourselves as lucky to have her on our team as Jenna is a preferred attorney for a large number of local real estate agents in Delaware. We invite all of you to join us in welcoming Jenna to our firm.
Read MoreFor those of you following the firm, you know that over the past year or two, we have been growing at an incredible pace. In addition to David C. Gagne and Achille C. Scache joining our team, we have added a number of support staff and even moved to our new law center in Pike Creek. We have also recently expanded our Bankruptcy Department here a the firm. For over two decades, partner Dean C. DelCollo has practiced bankruptcy law, but as our plate has been quite full with real estate and commercial law these past few years, it is not an area that we have ever felt the need to push. Our recent expansion of staff and inquiries from longtime clients have influenced us to establish a full time bankruptcy department here at GDWG. Mr. DelCollo will handle cases of Chapter 7 and Chapter 13 consumer bankruptcy for those clients seeking relief from creditors and looking to start a new path towards healthy financial stability.
Read MoreThe break up of a family is tough for everyone. Sure, some folks have harder stories than others when it comes to divorce, separation and child custody issues, but it is never a walk in the park. One thing is for sure though, when kids are involved, everything becomes exponentially more complex. When parents split up, it is important that a child’s best interests become priority number one. This means that relationships must be maintained so long as those relationships are healthy for the child.
Grandparents often get the short end of the stick when it comes to seeing grandkids after a divorce. Often it is hard enough getting the parents of children to respect each others’ schedules, let alone the schedule of a third party, such as a grandparent. That said, grandparents have rights in Delaware in this regard and can petition the court to ensure those rights are respected. As long as there is a healthy relationship established with the child, grandparents can petition the court for visitation. Even if a parent or guardian is not responsive, the court can order visitation for grandparents. In cases where there is child neglect or some form of abuse affecting the well being of the child, grandparents can even sue for custody in the state of Delaware.
Know your rights! If you have questions and would like to meet with one of our family attorneys, contact our offices today.
Read MoreThat’s right! Giordano, DelCollo, Werb & Gagne, LLC is proud to announce the opening of our new office at:
5315 Limestone Road
Wilmington, DE 19808
For those of you who know our existing offices, you will likely figure out that yes, we are moving across the street. we will still be in the same corporate center, but we will have our own space — and much more of it! This new office will allow us to continue to grow as we have been these past several years. This office will mean more privacy for meetings and more opportunity for staff interaction and cooperation. As of December 1st, we will have transitioned all staff and, with luck, all furniture, files, etc. We would like to thank all of you who assisted us and supported us in preparation of this move and look forward to another great year to come!
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