In a prior post I described the factors the Family Court of the State of Delaware examines when determining custody of a child. Number 7 in the list of factors is "[e]vidence of domestic violence as provided for in Chapter 7A of this title." What does Chapter 7A provide and to whom does it apply?
Subchapter I of Chapter 7A applies to perpetrators of domestic violence. A "perpetrator of domestic violence" is defined as,
any individual who has been convicted of committing any of the following criminal offenses in the State, or any comparable offense in another jurisdiction, against the child at issue in a custody or visitation proceeding, against the other parent of the child, or against any other adult or minor child living in the home:
(1) Any felony level offense;
(2) Assault in the third degree;
(3) Reckless endangering in the second degree;
(4) Reckless burning or exploding;
(5) Unlawful imprisonment in the second degree;
(6) Unlawful sexual contact in the third degree; or
(7) Criminal contempt of Family Court protective order based on an assault or other physical abuse, threat of assault or other physical abuse or any other actions placing the petitioner in immediate risk or fear of bodily harm.
It also establishes rebuttable presumptions against such perpetrators. Specifically, Subchapter I of Chapter 7A provides, "there shall be a rebuttable presumption that no perpetrator of domestic violence shall be awarded sole or joint custody of any child." It also provides, "there shall be a rebuttable presumption that no child shall primarily reside with a perpetrator of domestic violence." 13 Del. C. § 705A.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.