Judges would start with equal parenting time for nearby parents

A judge would start with equal parenting time when the distance condition is met. This applies when a judge sets parenting time in a Delaware child custody case. The judge must find clear and convincing evidence that both parents live within 25 miles of the child's daycare, preschool, school, or another reasonable place the judge selects. Parents may agree to unequal time if the judge finds their agreement best for the child.

A parent may challenge equal time, and the judge must explain the decision in writing. This applies when equal parenting time is presumed because both parents meet the distance condition. The parent must show clear and convincing evidence that equal time is not best for the child under a listed ground. Grounds include a guilty finding for child abuse or a crime a court found involved domestic violence, problems that impair parenting, repeated failures to share duties, and major travel barriers.

A judge could change an equal parenting time schedule. This applies to an equal parenting time schedule. A parent must not be tending to the child's health or educational needs.