HB 434 DE
AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CUSTODY PROCEEDINGS.
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Summary
This bill amends Delaware's custody laws to establish a presumption favoring equal parenting time when both parents live within 25 miles of the child's daycare or school. The presumption means courts should order 50/50 parenting time unless one parent demonstrates they should have a different arrangement. The presumption can be rebutted if one parent is not adequately tending to the child's health or educational needs. This provides a default custody arrangement that can be modified based on the child's best interests and each parent's care of the child.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
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.
Sponsors (2)
- Kerri Evelyn Harris Democratic · primary
- Franklin D. Cooke Democratic · primary
Action history (1)
- May 21, 2026 Introduced and Assigned to Judiciary Committee in House · lower
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