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Legal Statutes: Delaware

UPDATED April 12, 2017

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Subchapter I. Child Protection from Domestic Violence Act

back to top§ 709A. Modification of orders

Notwithstanding other provisions of this title:

(1) An order concerning visitation may be modified at any time if necessary to protect the safety of the child or the child's parent in light of acts of domestic violence that have occurred since the entry of the most recent visitation order.

(2) A custody order may be modified at any time if a parent who has sole or joint custody has committed acts of domestic violence since the entry of the most recent custody order.

(3) In determining whether a custody award should be modified, the court shall not consider noncompliance with an existing custody or visitation order or noncompliance with the duties and responsibilities under § 727 of this title if such noncompliance was caused by the parent's attempt at self-protection or protection of the child from acts of domestic violence committed since the entry of the court's most recent custody or visitation order.
69 Laws 1994, ch. 309, § 4; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.