{"data":{"id":"us-de/13-del.-c.-729","jurisdiction":"us-de","citation":"13 Del. C. § 729","heading":"Modification of prior orders.","body":"(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.\n(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.\n(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:\n(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.\n(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:\na. 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;\nb. 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\nc. The factors set forth in § 722 of this title.","path":["Title 13. Domestic Relations","CHAPTER 7. Parents and Children","Subchapter II. Custody Proceedings"],"source_url":"https://delcode.delaware.gov/title13/c007/sc02/index.html#729","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:16Z","sha256":"f7caed91a11511b27f6dbdd1985c9fdbfa17a65cda8015e8397d73913b58a38f","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-728","next":"us-de/13-del.-c.-730"},"notice":"GroundRules: Original legal text. Not legal advice."}