Delaware § 729 Modification of prior orders

Delaware Statutes

§ 729 — Modification of prior orders

Delaware § 729

Title13

Ch. 7PARENTS AND CHILDREN

Subch.Custody Proceedings

This text of Delaware § 729 (Modification of prior orders) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 729 (2026).

Text

(a)An order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in § 728(a) of this title.

(b)An order entered by the Court by consent of all parties, an interim order or a written agreement between the parties concerning the legal custody of a child or such child’s residence may be modified at any time by the Court in accordance with the standards set forth in § 722 of this title.

(c)An order entered by the Court after a full hearing on the merits concerning the legal custody of a child or such child’s primary residence may be modified only as follows:

(1)If the application for modification is filed within 2 years after the Court’s most recent order concerning these matters, the Cour

Free access — add to your briefcase to read the full text and ask questions with AI

(a) An order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in § 728(a) of this title.

(b) An order entered by the Court by consent of all parties, an interim order or a written agreement between the parties concerning the legal custody of a child or such child’s residence may be modified at any time by the Court in accordance with the standards set forth in § 722 of this title.

(c) An order entered by the Court after a full hearing on the merits concerning the legal custody of a child or such child’s primary residence may be modified only as follows:

(1) If the application for modification is filed within 2 years after the Court’s most recent order concerning these matters, the Court shall not modify its prior order unless it finds, after a hearing, that continuing enforcement of the prior order may endanger the child’s physical health or significantly impair such child’s emotional development.

(2) If the application for modification is filed more than 2 years after the Court’s most recent order concerning these matters, the Court may modify its prior order after considering:

a. Whether any harm is likely to be caused to the child by a modification of its prior order, and, if so, whether that harm is likely to be outweighed by the advantages, if any, to the child of such a modification;

b. The compliance of each parent with prior orders of the Court concerning custody and visitation and compliance with each such parent’s duties and responsibilities under § 727 of this title including whether either parent has been subjected to sanctions by the Court under § 728(b) of this title since the prior order was entered; and

c. The factors set forth in § 722 of this title.